Legal Question in Wills and Trusts in Massachusetts
A Will is needed, but there is a MAJOR obstacle...
What can be done if the person who is in need of a will is in denial of their advanced age and need to prepare this essential document. She will be 80 next year, but she's in good health and strong, with no major ailments or illnesses. She's a widow and has both her sons living with her(43 and 40y.o.) in a mobilehome which is her only major asset. I am the 40yo son and I handle most if all her finances, bills etc. I am unemployed at the moment having gotten a 20yr drug problem under control and having some difficulty reentering the workforce; the other son is employed and makes good money, but is spending most if not all of his pay on drugs and is in need of mental health services. The only other person is a daughter who is married and lives nearby. She would be the person to handle this, but I don't trust her husband as he may not have my Mom's best interests at heart and my sister pretty much does whatever her husband says. To add to this, Mom does not want to address the issue of wills and such because, as she put it,''I'll be here for a while yet...
2 Answers from Attorneys
Re: A Will is needed, but there is a MAJOR obstacle...
As a practical matter, you cannot MAKE anyone see a lawyer, but you try to educate her as best you can about what will happen if she doesn't get her estate plan in order. It may be too hard for her to think about dying, but it may be easier for her to think about what happens if she gets sick.
Explain to her that if she gets sick and if she doesn't have a power of attorney and health care proxy, there could be a real problem paying her bills and making sure she gets care until a judge decides who gets to become guardian -- and how time-consuming and expensive a guardianship proceeding can be. Then offer to help her find a lawyer and let the lawyer talk about the will.
Re: A Will is needed, but there is a MAJOR obstacle...
Assuming that your mother is competent, she may not be forced to prepare a will against her wishes. Any will prepared under conditions of fraud or duress would likely be challenged anyway.
Without a will, your mother's probate estate will be divided equally among her children, after the payment of funeral and last expenses, just debts, and administration costs. Your mother's non-probate estate will pass according to the type and ownership status of the asset or property.
Your mother certainly would be advised to prepare a will to dispose of her important personal effects, family heirlooms, and to select an executor to handle her affairs should she pass away. Not to do so may create stress, sadness, and fighting among surviving loved ones.
Even though she will hopefully be around for a long time, there is no point in waiting, and once she has passed on it is too late.
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