Legal Question in Wills and Trusts in Massachusetts

Wills in MA

Must a will made in the state of MA be somehow official filed to be effective?

I am age 40 and had a will/power of attorney/health care proxy made in IL when I lived there in 1991.

I do not wish to change any of the details other than the address change and to make certain that it is valid in MA. I also do not wish to have remains taxed by more than one state. This is a simple, basic package. I am not married, and do not own real estate or a business. While I am not wealthy, my assets could certainly be described as something that should not be forfeited.

Please advise, and thank you.


Asked on 1/06/02, 6:01 pm

1 Answer from Attorneys
Alan D. Humbert Law Office of Alan D. Humbert

Re: Wills in MA

I would like to start with the end of your message first.

If you have living heirs, your property will not be forfeited to a state, as long as your heirs act at the time of your death to initiate probate proceedings. Massachusetts has statutes that enables your heirs to recieve your property, even if you don't leave a will.

Having said that, a will helps to define what your intentions are. I am not aware of the laws of Illinois, but generally a deceased's estate is settled where he or she lived at the time of death. So, if you die in Massachusetts, your estate would be settled here.

If your Illinois will complies with the formalities of a Massachusetts will, it should be valid in Massachusetts Probate courts.

However, if your Executor is from Illinois, you may wish to make a Massachusetts resident Executor instead.

Regards,

Alan

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Answered on 1/06/02, 7:07 pm


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