Last Will and Testament

Your last Will and Testament is a legal document that sets forth how your estate is to be distributed upon your death.  Any person over the age of 18, and competent may create a Last Will and Testament.  Your Last Will and Testament sets forth your specific instructions to your family and loved ones regarding the disposition of all of your assets.  The Will can also name a person or persons to be the guardian of your minor children.  When created properly, a Will is a legally binding document that will be enforced by the Probate Court.

There are certain legal requirements that must be met for your Will to be legal and binding.  A Will that does not meet those requirements may be unenforceable.  Although it is not required that required that you retain an attorney to help you prepare a Will, it is highly recommended.  There are no second chances to get it right.

Attorney Handling Wills in Boston

When preparing a Will, your attorney will offer suggestions regarding the appointment of the executor, guardian and trustee if necessary.

The guardian the person or persons that you are entrusting legal custody of your children to while they are minors.  The guardians act much as parents in deciding, educational, health care and day-to-day living decisions that needs to be made on behalf of the minor children.  You should consult your guardians to verify that they are available to undertake this extreme responsibility.

With all executors, trustees and guardians, we suggest choosing a primary and a secondary choice in the event your primary choice has predeceased you, declines to act or is deemed unfit to act.  You may also choose co‑executors, co‑trustees or co‑guardians.  However, in the event that none of your choices are available, the court will appoint the most appropriate person.  Generally, the court will look to a family member before looking to the outside public.  It is acceptable and generally more convenient for your executor, trustee and guardian to be one and the same person or persons.

The Trustee is the person appointed when both spouses have died and minor children are entitled to a share of your estate.  Generally, you would have the share eventually passing to the minor children put into a trust and disbursed for their comfort, support and maintenance until they reach a certain age (any age you choose).  Once your children attain that age, you will then authorize the trustee to make full disbursement of the trust to your children.  Generally, the trustee is responsible for proper investment of the assets being held for the minor children and for making disbursements in the trustee's reasonable discretion for the comfort, support and maintenance for any or all of the children and in any manner and amount that the trustee deems fit.

To learn more about creating a Last Will and Testament, contact the Law Office of Brian Bagby, P.C. for a free consultation.