Frequently Asked Questions
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Getting Started With Estate Planning
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How much does estate planning cost in Massachusetts?
Estate planning costs in Massachusetts vary based on complexity, but RackiLaw offers flat-fee estate planning starting at $1,800 for individuals and $2,400 for married couples.
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Is estate planning different in Massachusetts?
Yes, estate planning is different in Massachusetts because state probate procedures and estate tax laws affect how plans must be structured.
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What does an estate planning attorney do?
An estate planning attorney drafts legal documents, provides strategic guidance, and ensures your plan complies with Massachusetts law.
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Is estate planning only for wealthy individuals?
No, estate planning is not only for wealthy individuals because it protects decision-making authority and asset distribution at every income level.
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Do I need an estate plan if I am single?
Yes, single individuals need an estate plan to control asset distribution and designate decision-makers for financial and medical matters.
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Do young families need estate planning?
Yes, young families need estate planning to protect minor children, appoint guardians, and ensure financial security if something unexpected happens.
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How long does the estate planning process take?
The estate planning process typically takes a few weeks, depending on complexity and client responsiveness.
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What information should I gather before meeting with an estate planning attorney?
Before meeting with an estate planning attorney, you should gather information about your assets, family structure, fiduciary preferences, and beneficiary designations.
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Can I create my own will or estate plan online?
Yes, you can create your own will or estate plan online, but online documents may not address state-specific requirements, complex family situations, or tax considerations.
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Do I really need an estate plan?
Yes, most adults need an estate plan to direct their wishes and avoid unnecessary legal complications for their loved ones.
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What is the difference between estate planning and probate?
Estate planning is the process of preparing legal documents to manage your affairs during life and after death, while probate is the court-supervised process of administering an estate after someone dies.
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What is the difference between a will and a trust?
A will directs how assets are distributed after death, while a trust can manage assets during life, avoid probate, and provide ongoing management after death.
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What documents are included in a basic estate plan?
A basic estate plan typically includes a will, durable power of attorney, and health care proxy.
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When should I start estate planning?
You should start estate planning as soon as you become an adult with assets, responsibilities, or dependents.
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What happens if I die without a will in Massachusetts?
If you die without a will in Massachusetts, state intestacy laws determine who inherits your assets.
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Why is estate planning important?
Estate planning is important because it ensures your assets, health care decisions, and family responsibilities are handled according to your wishes.
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I have an estate plan from another state and moved to Massachusetts. Do I need to update it?
If you moved to Massachusetts with an estate plan from another state, you should have it reviewed to ensure compliance with Massachusetts law.
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How often should I update my estate plan?
You should review your estate plan every three to five years or after any major life change.
Wills
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Can I name more than one personal representative in Massachusetts?
Yes, you can name more than one personal representative in Massachusetts, although doing so may not always be the most efficient approach.
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Where should I store my original will?
Your original will should be stored in a secure location where it can be easily located after your death.
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Can a will be contested in Massachusetts?
Anyone can contest a will for any reason, but they will only be successful under specific legal grounds.
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Does a will avoid probate in Massachusetts?
No, a will does not avoid probate in Massachusetts.
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Can I leave assets to a minor in my will?
Yes, you can leave assets to a minor in your will, but additional planning is often recommended.
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What happens if a beneficiary dies before me?
If a beneficiary dies before you, the distribution of that inheritance will depend on the terms of your will and applicable Massachusetts law.
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Does divorce affect my will in Massachusetts?
Yes, divorce can affect your will, and your estate plan should be reviewed as soon as possible after a divorce.
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Does marriage affect my will in Massachusetts?
Yes, marriage can affect your estate plan, and it is generally advisable to review or update your will after getting married.
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Can I leave unequal shares to my children in Massachusetts?
Yes, you can leave unequal shares to your children in Massachusetts if that reflects your wishes.
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Can I disinherit a child in Massachusetts?
Massachusetts generally allows parents to disinherit children through a properly drafted estate plan.
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Can I appoint a backup personal representative in my will?
Yes, you can and generally should appoint a backup personal representative in your will.
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What makes a will legally valid in Massachusetts?
To be legally valid in Massachusetts, a will must be signed by the person creating it and witnessed by at least two disinterested individuals.
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What are the responsibilities of a personal representative named in a will?
A personal representative is responsible for administering the estate, paying debts and taxes, and distributing assets according to the terms of the will.
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What happens if my personal representative refuses to serve?
If your personal representative refuses to serve, the probate court will generally appoint a successor personal representative
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What happens if my personal representative cannot serve?
If your personal representative cannot serve, the probate court will generally appoint an alternate personal representative to administer the estate.
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What happens if my will is lost or cannot be found?
If your original will cannot be found after your death, additional legal steps may be required to prove its validity.
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What happens if I die with multiple wills?
If you die with multiple wills, the probate court will generally honor the most recent valid will.
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Can I change or revoke my will after it is signed?
Yes, you can generally change or revoke your will at any time as long as you have the legal capacity to do so.
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Are handwritten wills valid in Massachusetts?
Handwritten wills are not valid in Massachusetts unless they satisfy the same legal requirements as any other will.
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What is a self-proving will in Massachusetts?
A self-proving affidavit is a document signed alongside a will that may help streamline aspects of the probate process.
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Does a will need to be notarized in Massachusetts?
No, a will does not need to be notarized to be legally valid in Massachusetts.
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Does a will need to be witnessed in Massachusetts?
Yes, Massachusetts requires a will to be witnessed by at least two individuals.