A person's final wishes for what should happen in regard to his or her estate should take place within a legally binding will. The laws in regard to wills are quite similar in every state; however, it is important to understand the slight differences in the law that the state of Massachusetts has.
The vast majority of wills get passed and go through the probate process smoothly. However, in around 1 percent of cases, there is an issue where for one reason or another the will is not deemed to be valid.
It is estimated that over 65 percent of people in the United States have not written their will yet. Many find the act of writing a will and facing the prospect of the end of their lifetime to be an unsettling feeling, and therefore, a task that they would rather postpone. However, writing a will can be a very rewarding experience where you can take pleasure in defining the legacy that you leave behind.
Creating a will or a trust is as much about planning the legacy that you will leave for future generations as it is about achieving a peace of mind for yourself so that you know everything will be taken care of at the end of your life. In this way, it is natural for people to be concerned about relatively common problems that occur in relation to wills, trusts and probate. One of these issues is when loved ones appeal against the conclusion of the will based on the grounds of undue influence.
There are several different types of probate procedures when dealing with a deceased person's estate, and this can mean that it can be overwhelming to choose the best process for the situation that you are facing.
After a person dies, the will that he or she left will be put forward for probate so that the proceedings can begin. However, it cannot just be taken for granted that the will was written by the person in question. It must be "proved."
When a person makes a will, it is assumed that he or she is mentally stable and capable enough to make the decisions required.
Survivors have certain rights to a family member's property after they have passed away, and these rights are governed by inheritance law. Going by this law differs from state to state, but you may be able to claim inheritance from your spouse, regardless of what has been written in their will. This right depends on whether the state follows community property law or common law.
When completing a will, it is important to first ensure that you have abided by all of the content rules that your state requires. Once you have completed a valid last will and testament, the final and most vital step is to ensure that you have signed it securely and properly.
When most people sit down to make a will, they think of the big items: the home, the bank account, the investment portfolios, the life insurance policies. They may be more prone to forget about the small things.