A Will Is the Foundation — But It Isn't the Whole Plan
Most adults know they should have a will. Fewer know what a will actually does — and, just as important, what it doesn't do. That gap is where families get hurt, usually at the worst possible time.
A will says who gets what when you die, names the person who will carry out your wishes, and — for young families, the most important part of all — names who will raise your children if you can't.
If you die without a will in Massachusetts, state law decides all of that for you. The court's formula may not match your family, your wishes, or your common sense.
What a will does
Distributes your property to the people and organizations you choose, in the shares you choose
Names a personal representative (executor) — the person who gathers your assets, pays your final bills and taxes, and distributes what's left
Names guardians for your minor children — the single most important reason young parents need a will
Creates trusts for young beneficiaries, so a child or grandchild doesn't receive a large sum outright at 18
Names who cares for your pets and can set aside funds for their care
What a will doesn't do
It doesn't avoid probate. A will is, in effect, instructions to the probate court. Your estate still goes through the court process.
It doesn't control everything you own. Assets with named beneficiaries (life insurance, retirement accounts), jointly owned property, and assets in a trust pass outside your will. If the beneficiary form says one thing and your will says another, the beneficiary form usually wins.
It doesn't help if you become incapacitated. A will only takes effect at death. You also need a durable power of attorney and a health care proxy for decisions during your lifetime.
It doesn't protect assets from long-term-care costs. Protecting the house from nursing home costs requires planning under the MassHealth rules, often years ahead.
Probate in Massachusetts, briefly
Probate is the court-supervised process of validating the will, appointing the personal representative, paying debts and taxes, and distributing the estate. Massachusetts uses the Uniform Probate Code, which offers informal and formal proceedings — informal probate is generally simpler and faster when the will is clear and the family is in agreement.
Even a smooth probate takes months, and complicated or contested estates take longer. Good documents, clear titles, and up-to-date beneficiary designations make the process dramatically easier for the people you leave behind.
When a will alone is probably enough — and when it isn't
A will alone may be enough if your estate is straightforward, you're comfortable with probate, your main goals are naming guardians and deciding who receives your property, you don't own real estate in more than one state, and privacy isn't a major concern — probate filings are public record.
A will alone may not be enough if you want to avoid probate and keep your affairs private, you own a home and are concerned about long-term-care costs, you have a child with special needs who must not lose public benefits, you have a blended family, a family business, or property in another state, or your estate may exceed $2 million, where Massachusetts estate tax begins to apply.
The will you signed years ago
A will doesn't expire, but life changes it: marriages, divorces, births, deaths, a new house, a move. If your will predates a major life event — or you can't remember the last time you read it — it's time for a review.
A store-bought or downloaded form can't ask you the questions a lawyer asks: Who raises the kids if the first guardian can't serve? What happens to the house? Do your beneficiary forms match your will?
Reviewing your existing documents is part of a free initial consultation. Call (781) 447-7900 to schedule one — by appointment only.
— Ferdinand L. Kral III is an estate planning and elder law attorney in Whitman, Massachusetts, admitted since 2001. He is also a licensed real estate broker.
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