This will must be signed in the presence of two witnesses, not related to you or named in your will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the will.
Massachusetts Last Will and Testament for Divorced and Remarried Person with Mine, Yours and Ours Children
Category:
State:
Massachusetts
Control #:
MA-WIL-01704
Format:
Word;
Rich Text
Instant download
Description Last Will Testament
This is a Legal Last Will and Testament Form with Instructions for Divorced and Remarried Person with Mine, Yours and Ours Children. The will you have found is for a divorced person who has remarried. This will is to be used when there are children of the present marriage and either one or both spouses have children from prior marriages. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also establishes a trust for the estate left to the minor children.
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FAQ
Technically, you can create your own will in Massachusetts. The only legal requirement is that you sign it in front of at least 2 witnesses and that those witnesses also sign the will.
No, in Massachusetts, it is not necessary to notarize your will to make it legal. Massachusetts does, however, allow you to make your will "self-proving." A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
Once witnessed and notarized, do it yourself will forms are enforceable under the law.The do it yourself will forms of some states include a self-proving affidavit, which is a short form completed with the witnesses and notary when you sign the will form.
There must be multiple witnesses of a will in order for it to be valid. In Massachusetts, there must be a minimum of two witnesses, and in most circumstances, they should not be set to benefit from the outcome of the will.
In Massachusetts, if you are over 18 and of sound mind, and have the signatures of 2 witnesses, your handwritten will may be considered valid. However, there are some issues you should consider before deciding a handwritten will (also called holographic) is sufficient for your estate planning needs.
Setting up a will is one of the most important parts of planning for your death. Drafting the will yourself is less costly and may put you out about $150 or less. Depending on your situation, expect to pay anywhere between $300 and $1,000 to hire a lawyer for your will.
No, in Massachusetts, it is not necessary to notarize your will to make it legal. Massachusetts does, however, allow you to make your will "self-proving." A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: The will must be signed by the testator or by someone else in the testator's name in his presence, by his direction.