The children of Red Sox legend Ted Williams are in the middle of one of the hardest battles that his family has ever fought - and that of course is over what should be done with the body of the splendid splinter.
What about your will? Is it all in order? Here's what you need to know to keep your will out of court....
A will is one of the most important documents you may ever sign. Providing piece of mind during your life and making things easier for your loved ones after you have passed. So why don't more people have them?
"We just have never taken the time to sit down and do it"
"I just haven't done it yet, I guess you can just call it procrastination"
It is a very powerful instrument
Thanda Brassard, an attorney for Hill and Barllow in Boston says although everyone over the age of 18 should start thinking about a will, it is nothing to rush into.
Thanda Brassard, Attorney
"It is a heavy process, it requires you to think about your property, what you have, who you want to give it to and then the fact that your not going to live for ever and I find that sometimes my clients struggle with that."
While many think jotting down who gets your personal belongings constitutes a will, there's much more to the process than just a list.
Thanda Brassard
"There are three important previsions everyone should have in their will."
First, Brassard says is the provision of where your personal property should go:
Thanda Brassard
"There can be a section for real-estate and then what we call a residue which is anything left over."
Second: decide who you want to be your wills' executor -- the person who has the power to carry out the terms of your will.
And third: you can name who you want to be the guardian of minor children which a lot of people think is very important because they may have specific concerns about having a brother or a relative named and they may want a special person to serve as guardian.
Make sure you include plans for your remains. Pre-paying for services is also strongly recommended
Thanda Brassard
"By doing that its such a strong indication of your intent."
But as we've seen Ted Williams's family battle over remains remains, wills can be contested.
Mark Williamson, Mass Bar Association
"There are a limited number of bases upon which a will can be challenged."
When a will is challenged, it often ends up in probate court like this. Some of the more common challenges brought up in court include the incapacity to sign a will, being forced to sign a will, and the improper execution of a will.
Execution of a will is something that has to be done properly, it has to be done before two witnesses, and the witnesses have to see you sign and its good to have the witnesses hear you say that you know it is your will.
Once your will is complete, make sure the original copy is stored in safe place. Either in a fire-resistant safe or with your attorney -- but most importantly make sure others know where your will can be found, because without a will, your last wishes may not be recognized.
The Massachusetts Bar Association has put together a pamphlet to help you understand the process of making a will.
For more information:
To obtain a copy of the Massachusetts Bar Association's pamphlets on preparing a will or setting up an estate, please ask your attorney if he or she is an MBA member and has copies of the pamphlets in their office. Or, contact the MBA directly at (617) 338-0571 (leave a message with your name and complete address) to have the pamphlets mailed to you.
If you need an attorney, you may be get a free referral from the MBA's Lawyer Referral Service. To obtain a referral: By phone, call (617) 654-0400 or (800) 392-6164 toll-free in Mass. TTY for hearing impaired clients: (617) 338-0585. By e-mail, contact: lrs@massbar.org. Or by mail, write to: MBA/LRS, 20 West Street, Boston, MA 02111.
