Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24 by JeromeW |
Hi,
Can you explain the laws around renting your apartment to people with children or looking to have childre....
There are many posts on this forum dealing with MA lead paint law, inc....
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5/21/2012 08:05 by dare2dream |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48 by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20 by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26 by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42 by The Editor |
I'm supposed to go to my SSDI hearing next week before an administrative law judge and I'm getting very nervou....
You didn't say if you have an attorney or not. If you do not, yo....
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5/17/2012 06:49 by TinaW |
I'm thinking about filing bankruptcy but my situation is so bad that I'm worried about not be able to recover ....
I've just consulted my crystal ball and the answer is . . . . &nb....
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5/16/2012 07:31 by Tarrant |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51 by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18 by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37 by Anonymous |
Editor's Response
Sorry for the loss of your friend. Typically, the death of a witness will only become an issue if someone decides to contest your will after you die. In that case, the judge will want testimony or sworn statements from the witnesses about what they saw and heard when you executed your will. If one or both witnesses are dead, the court will not have access to that testimony. However, in Massachusetts, most witnesses to wills sign a "self-proving affidavit." Here is an example:
We, the undersigned witnesses, each declare in the presence of the testator that the testator signed (or directed another to sign for him and such person signed for him) and executed this instrument as his Will in the presence of each of us, that he signed it willingly (or willingly directed another to sign it for him), that each of us signs this Will as a witness in the presence of the testator, and to the best of our knowledge the testator is eighteen (18) years of age or over, of sound mind, and under no constraint or undue influence.
The self-proving affidavit is admissible in court in the event of a will contest. So the short answer is that you do not need to execute a new will or revise your current will just because a witness dies. If, for some reason, your will does not contain a self-proving affidavit, you might want to consider executing the will again, especially if you have litigious heirs.