Most of us are aware just how important it is to plan for our family’s future in the event of our demise. Although it is not a popular topic, it is very important to make sure that the property you have worked hard to accumulate over your lifetime goes where you want it to when you are gone. Wills and trusts are the main way to legally prepare for the future and determine who will receive your property when you die. In this article, we will focus on wills.

Do I need a Will?

Since death can come at any time, it is vital that everyone have a will written out to specify who would care for your underage children, and who will inherit your property when your time here is done. Most states, including Massachusetts, have very inflexible laws abut how property will be divided in circumstances where there was no will. In other words, unless you want strangers to determine who gets your property and money, you need to have a will. Without one, you will have no say at all what happens to your property, and the state will likely divide it among your closest legal family members, regardless of their relationship or history with you.

What happens if I don’t have a will?

Upon a person’s death, their estate goes through probate, whether they have a will or not. Probate is defined as the legal process that an estate or property must go through in order to ensure that said property is distributed according to the will of the deceased or according to state law in the event that there is no will. An experienced will and trust lawyer will be able to go over the process with you, and help you to determine the best way to protect your property and loved ones after you are gone. Our attorneys here at (insert name here) can explain the various types of wills and trusts that are available to you.

The process of going through probate can last up to a year at times. This is because it takes time to validate the will, and to alert all heirs, creditors, and anyone else who may have a vested interest in the property of the deceased. If there are any disputes to the will, they must be resolved in probate court before the will can actually be enforced. If you want to make sure that your wishes are met after you are gone, it is vital to create a rock-solid will that cannot be deemed invalid. This will help to ensure that there is no delay in the distribution of your property to those with whom you wish to leave it. Whether you need a living will, simple will, pour-over will, holographic will, or testamentary trust will, our attorneys at Lovenberg & Associates can help you to make the difficult decisions to protect your loved ones.