Wills and Living Wills
Boston Attorney for Wills and Living WillsAt the Elder Law Centers in Boston, Massachusetts, our lawyers help clients make their last wishes clear by drafting wills and living wills that meet our clients' requirements. Serving the Elderly and Their Families throughout MassachusettsLast Will and Testament The last will and testament is a document whereby a person over age 18, of sound mind and memory, and not being under any undue influence, spells out in advance of death where that person’s property will go following death. An amendment to a will is known as a “codicil.” A last will and testament usually is accompanied by a revocable living trust. A properly implemented estate plan will usually include a so-called “pour-over” will and a revocable living trust. The term “pour-over” comes from the fact that the will does not specifically designate where the assets go, but, rather, pours assets into the trust upon death so that the final disposition of the assets remains confidential. Remember, a will does not avoid probate but does serve to carry out the individual’s intentions as to the disposition of property following death. Living Will A living will is a written testament by the decedent as to whether the person would like to be kept alive on a machine or would rather have life support terminated. In many states, these provisions are included in the health care proxy, but often are separately stated in a separate document. In the absence of a state law specifying the requirements, any written instructions will suffice. It would be prudent, however, to have a living will signed and executed with the formalities of a last will and testament (meaning two witnesses and a Notary Public). If you have questions about a last will and testament or a living will, send us an e-mail or call (617) 523-1555 or toll free 1-866-353-7287. Free initial consultation. The Elder Law Centers is an affiliate of Cushing & Dolan, P.C., a Boston law firm known for sophisticated and personalized approaches to estate planning, business, and tax issues. Our lawyers devote their practices exclusively to helping elderly people and their families. |
