Legal Question in Wills and Trusts in Massachusetts

Re: will

Not really. After a person passes away, their will is probated in the local Probate & Family Court and becomes a public document.

However, the will is only filed after death. Prior to death, there is no reason the testator needs to share the will or its contents with the beneficiaries.

If privacy is of primary concern, a trust is a completely private document which would allow you do dispose of your estate privately according to the trust document. A trust is not filed with the Probate Court and does not become a public document.

I am located in the South End, so please do not hesitate to contact this office if you would like to schedule a consultation.

Re: will

A Will becomes public once a person dies and it is submitted to the Probate Court. So, a person left money in a Will will be able to see what the bequests to other people were.

Even if you left someone money through life insurance or by listing them as a beneficiary on an account they would still be able to request a copy of the Will from the Probate Court.

If you have an attorney draft a Trust for you to leave your money to people, that is private and not submitted to the probate court, so someone not included in the Trust would not be able to see how the property was distributed.

Re: will

A Will is public record, so technically speaking, anyone can go to the court house and request to see a copy of any will.

There are two other methods to keep distribution amounts private: one is a trust, which you will need an attorney to draft, and the second is to list people (or charities) as beneficiaries of particular assets, like bank accounts and IRAs. There are pros and cons to using either of these approaches, and you would need to work with an estate planning attorney to determine the best solution for your particular circumstances and goals.

Good luck.

Re: will

A Will becomes a public document after death, but if the person leaves property through a trust which is a private document and not filed in Probate they can do so without public disclosure. Good Luck!