Massachusetts Estate Planning Law Blog

Traditionally, a will is a written document that is drafted and filed long before you actually pass away, and your heirs need to use it. However, you may have also considered simply using an oral will to save yourself these steps. Is it a good idea?

Technically, you may be able to use an oral will in Massachusetts. Not all states have laws that allow them, but Massachusetts does in some situations. That does not mean they can always be used, though, so you are taking a bit of a risk.

A medical power of attorney is a document that gives someone else the power to make your healthcare decisions in a situation when you can't do it for yourself. This could be during end-of-life treatment, for instance, when you lack the ability to communicate your wishes to the medical team.

Another important document, known as an advance directive, allows you to list your wishes explicitly. You can make key decisions in advance so that no one has to make them in the future. For instance, if you don't want to be resuscitated, you can put down that stipulation long before it's an issue.

Writing a will and drafting an estate plan is something that you want to take very seriously. It has a drastic impact on your family after you pass away.

With that in mind, here are five key steps:

• Choose who you want to leave your assets to. These individuals are your beneficiaries. It is best to name them specifically and lay out exactly which assets they will receive.
• Pick the person who will make sure it happens. This is the executor. They will be in charge of handling your affairs and distributing your assets in accordance with the will.
• Don't give any vague directions. Doing so can cause disputes when people do not agree on exactly what you meant or what you wanted.
• If you still have children who are under 18 years old, choose a guardian for them. This needs to be someone you trust. This person can act as a parent and raise them if need be. They can also help them with assets if you don't want to leave what you own directly to minors.
• Set up a plan to update your will. It may be as simple as saying that you will check it over once a year. You definitely want to update it after major events like a marriage or a divorce. Always make sure that your estate plan reflects what you truly want.

One of the worst mistakes you can make in life -- from an estate planning perspective -- is to try to draft a last will and testament by yourself. There are just too many pitfalls that the untrained testator can experience when trying to draft a will without professional help. While you can read and understand the law, there are some things you simply won't know without appropriate training.

That being said, here are the basics on Massachusetts will creation that you might want to understand:

• Your Massachusetts will falls under the legal statutes found in Massachusetts General Laws Chapters 190B and 191.
• The age of the testator is important when drafting a will. In Massachusetts, the testator must be a person at least 18 years of age and of sound mind in order to create a will.
• The testator needs to sign his or her will and it has to be in writing. Otherwise, another person can sign it in the presence of the testator -- as long as the testator is conscious and of sound mind, and the signature was done under his or her direction.
• In Massachusetts, two or more competent people need to sign the will. Or, they need to witness the testator's acknowledgment that the signature on the will is valid.