Legal Question in Wills and Trusts in Massachusetts
Will Needed?
I am newly widowed, with two adult children. Do I need to have a will written, or will my children each automatically inherit half of my possessions (including my home, which is in my name only) in the event of my death even without a will? If I do not have a will, will my children have to go to Probate Court to claim my possessions?
1 Answer from Attorneys
Re: Will Needed?
You are correct that your property should pass through intestancy to your children. If you have a will, however, you can select certain items to give to each child. It should also make the administration of your estate easier for your children. Furthermore, you can execute a durable power of attorney, which will allow your children to take care of your financial affairs in case you are unable to do so because of illness or otherwise.