When you create a last will and testament, there are many different questions that you must answer, including who should receive your investments, business interests, real estate, and personal property.
But one important aspect of creating a will in Massachusetts that is often overlooked is that, upon your death, the will must be filed with the appropriate probate court.
Once the will is filed with the probate court, as would be required by the person you appoint to serve in this role after you pass away, this document becomes a matter of public record. This means that after a will is filed, anyone can visit the local probate court and request information about the will and ask to see it. Your will likely has a great deal of personal information, such as who you owed money to, what you owned, and who stands to benefit from inheriting in your estate.
When a last will and testament is filed for probate, anyone including bill collectors, disinherited heirs, and neighbors is eligible to view documents that were filed with the probate court.
The use of advanced estate planning tools, such as a revocable living trust, enables you to generate a private contract made between you as the trust creator and the administrator of the trust known as the trustee for the benefit of beneficiaries. This helps to ensure that your final wishes are kept private from the public’s prying eyes.
If you currently have a will but would like to enhance your estate planning options and learn more about adding further privacy, schedule a consultation with a trusted Massachusetts estate planning lawyer today.
