Full question:
my father passed away and left my brother and i everything including stock portfolio, annuities, life insurance, etc. we divided everything up, and npw a copy of his will appeared and it said that 1/3 be given upon death, 1/3 given in 5 years and the remainder in 10 years. do we have to abide by the will or are they ways to get around the 1/3, 1/3 and 1/3. what are our legal options?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Massachusetts
Answer:
A will must typically be witnessed in the presence of the person making it (the testator). Witnesses confirm the identity of the testator and verify the signing of the document. In Massachusetts, for a will to be valid, the following criteria must be met:
- The testator must be of sound mind and at least eighteen years old.
- The will must be signed in the presence of two competent adult witnesses who are not beneficiaries.
- The witnesses should observe the testator's signing of the will.
- A self-proving affidavit, where witnesses acknowledge the signing by a competent testator, must be notarized to be effective.
It is advisable to consult a local attorney who can examine the specifics of your situation and the will itself to assess its validity. Generally, the executor or trustee is obligated to distribute assets according to the will's terms unless modifications are allowed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.