Legal Question in Wills and Trusts in Massachusetts

RE: Making a Will

If you have no assets at all to leave

anyone, what sort of form may be used to inform a family member of how you wish your body to be treated at death, what kind of ceremony or non-ceremony you desire, also, although of no real value except sentimental, how to distribute personal mementos to family individuals. Is it possible to just write it out without designating a power of attorney, since there is

no need as no valued property nor money is involved? I don't know how to go about doing any of this.

Thank you.


Asked on 11/27/07, 7:11 pm

4 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: RE: Making a Will

It sounds like you are interested in creating a will.

In a will, you can nominate a certain person to manage and distribute your estate when you are gone.

You can also provide some direction as to your wishes for burial and funeral arrangements, and nominate a guardian to care for any children you might have.

Instead of having your loved ones guess and argue over how to make these very difficult decisions once you are gone, making a will provides a helpful and enforceable roadmap or instructions.

It can make a difficult time a little easier for the people who you leave behind. Please feel free to contact me. I am in Quincy.

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Answered on 11/27/07, 7:30 pm

Re: RE: Making a Will

You can use a simple will to give some of the directions you want. Likewise a Durable Power of Attorney should be created so you can appoint someone to handle your affairs should you become unable to handle them for yourself.

Many times a letter of instruction is created to direct your executor on how to handle your burial. If you are in a financial position to do so, you can arrange your funeral and burial in advance with a Funeral Home.

If I can be of assistance, please feel free to contact me.

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Answered on 11/27/07, 8:06 pm
Herbert Cooper Law Offices of Jameson & Cooper

Re: RE: Making a Will

While it is possible to write out instructions, and possibly have them notarized, it is not a true substitute for a will. For someone without assets, it should be possible to prepare a will for not much money. It is also more likely to be accepted by a funeral director/crematorium if it is in a commonly accepted legal document such as a will.

The will can simply refer to your personal memorandum, which should be created before the will is executed, to distribute items of sentimental value.

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Answered on 11/28/07, 9:31 am
Michael Franklin Michael M. Franklin, Esq.

Re: RE: Making a Will

Even though your estate has no value, you still need to make a will. You may designate an executor (man) or executrix (woman) of your choosing to ensure that your wishes are carried out. Contact an attorney to draft one for you.

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Answered on 11/28/07, 11:21 am


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