Legal Question in Wills and Trusts in Massachusetts
Will
We are married couple with no children of our own, but with adults married Stepchildren. We own a house in Massachusetts. Is the ''Married with Adult Children'' the will to fill out? Also, We will both soon be out of the country for a while and would like to put in writing what our will is should both of us die during the time we are away. What will should we get?
Thank you in advance!
4 Answers from Attorneys
Re: Will
I agree with my colleagues who have alerady answered. A form will is simply not recommended for anyone. Each family has unique circumstances that need to be addressed. You do not want to unwittingly burden your heirs with problems - possible tax consequences, possible real estate title issues, any number of things.
I recommend visiting an estate planning attorney to discuss your situation and your wishes.
Re: Will
You should not fill out a form will.
Start a relationship with an estate planning attorney, who can tailor your will to accomodate your unique family, your unique estate, and your unique desires and wishes for the future.
Please feel free to contact me.
Re: Will
Form Wills are not the best way forward with an estate plan. The document should reflect what you and your spouse want to have happen and to do that the Will may not sufficient by itself.
I suggest you contact an attorney such as myself to help you. The cost of having a Will done by an attorney, plus a Durable Power of Attorney and Massachusetts Medical Proxy is not prohibitatively expensive and you should have all three.
Please feel free to contact me if you have more questions.
Re: Form Will
Simply put, a "form" will can be a recipe for disaster, and potentially worse than no will at all.
Odds are that a couple with adult stepchildren could easily create an unforeseen and undesired result by using a "form" will.
On the minimal information provided, it would still be a very good idea to spend a little money on a decent estate planning attorney and end up with a far better result - why bother doing it if you aren't going to get the results you desire?
In addition, you should also execute a health care proxy and most likely, powers of attorney.
Please feel free to contact my office if you have questions, and to set up an appointment if you are in earnest.