Failing to plan is planning to fail, the old adage says, and unfortunately far too many people learn about the failures of their estate planning when it’s too late. By choosing not to make a decision you are essentially outsourcing the decision making process to others, particularly the government. 
If you don’t make decisions about your estate plan, this means that you will decrease the chances that your estate plan will align with your personal needs and requirements. This is because intestate law kicks in to give the government and the state the power to decide what happens to your assets if something happens to you. When you pass away, if there’s no plan in place the state will certainly make one and will rely on well documented procedures for determining which of your heirs receives your assets and in what percentage.
Likewise if you become incapacitated and are unable to speak for yourself, your family members might need to petition the court to get approval to serve as your guardian or conservator to make decisions on your behalf. This means that a person that you didn’t expect to be in this role might wind up in it in a perfectly legal manner because you’ve failed to plan.
Creating a plan requires thinking about your specific needs and the documents and tools that will give you and your family peace of mind. Don’t overlook any details. When you’re looking to protect yourself or another loved one in Massachusetts, you might need the help of an experienced lawyer.
If you find yourself in this position, schedule a consultation with an estate planning lawyer who can help you create a customized plan aligned with your needs.
