Serving Massachusetts and

New Hampshire since 1992.

WILLS

          Your Will is a written document controlling disposition of your property at death.  Your Will must be written, signed, and witnessed by two competent people and a notary public.  It may be changed at any time but the formalities must always be followed.  You should review and update your Will at regular intervals (every three to five years) and upon major life changes (marriages, births, deaths).

          In your Will you designate who will receive your property after you die.  You may give specific items to specific people (“my stamp collection to my nephew George”), or general gifts to groups of people (“all of my property to my children, in equal shares”) or any combination that you choose.  You also nominate the person that you want to be in charge of your estate after your death (executor or “personal representative”) and if necessary the person that will take care of your minor children (guardian).

          When there is no Will the intestate formula in the law (of the state where the decedent resided) determines who receives the decedent’s property.  These rules are inflexible and do not allow for any special circumstances.  Certain items pass without operation of a Will; joint property and life insurance proceeds are examples.

          Probate is the official procedure whereby all expenses, taxes, and debts are paid and the remainder of the decedent’s property is transferred to the proper parties.  The procedure is supervised by the probate court, whose duty it is to ensure that everything is done fairly and properly.  This system protects the intended recipients of a decedent’s property.  All property owned solely by an individual must go through the Probate process whether there is a Will or not.  Jointly owned property and property with a named beneficiary (life insurance, IRA’s) does not become part of the Probate process.

Edward H. Adamsky, Attorney At Law ♦ Licensed in Massachusetts and New Hampshire ♦ 269 Middlesex Road, Tyngsboro, MA 01879  978-649-6477