Skip to main content

Questions re: Miscellaneous Provisions in a will

I've written my Last Will & Testament using a will template that's supposed to be legally valid in Massachusetts. I have questions about two items in Article Ten - Miscellaneous Provisions. In parentheses above them it says, "I have placed my initials next to the provisions below that I desire to adopt. Unmarked provisions are not adopted by me and are not a part of this Will."

________ If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s portion of my estate shall be diminished by the amount of such debt.

________ Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative.

My questions: If I don't want to initials these items, can I just delete them? Can I add any additional instructions to these Miscellaneous Provisions with a place for me to initial them? I would prefer to specify a person who I would like to pay my debts after my death. My debts will be minor and this person is agreeable.

I've also read that I don't really need to have my will notarized in Massachusetts. Would it be better if I have it notarized or not?

Any advice is appreciated.

Diana

Talk to a Lawyer Today
Find an Estate Planning Attorney in your County
Most offer FREE Consultations