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If you die without a Will in Massachusetts, the state’s intestacy laws determine who inherits your assets. These laws serve as a default plan, prioritizing your spouse, children, or other relatives in a fixed order, which might not align with your preferences. If you’re single with no kids, your parents or siblings could inherit, even if you’d choose differently.
Intestacy can complicate things for blended families, unmarried partners, or charities you wish to support, as Massachusetts law doesn’t recognize these relationships without a Will.
A effective estate plan ensures you control who receives your assets and simplifies the process for your loved ones.
Nursing home care in Massachusetts can drain your financial accounts quickly, a pressing worry for residents as they age. One common way to protect your wealth is by creating an Irrevocable Medicaid Asset Protection Trust (MAPT). This Trust holds assets like your home or financial accounts, removing them from your countable estate for MassHealth eligibility, helping you qualify for long-term care coverage without losing your hard-earned assets.
Timing is crucial. MassHealth has a five-year look-back period, reviewing any asset transfers made within five years of your application. If you transfer assets too late, you could be disqualified from coverage until after the look-back period has run. Setting up a MAPT early, well before you need nursing home care, keeps your assets better protected and helps ensure you meet eligibility rules. This Trust also provides peace of mind, safeguarding your family’s inheritance from soaring care costs.
Planning with a MAPT now is a vital step to secure your financial future and support your loved ones.
Massachusetts imposes an estate tax on estates valued over $2 million as of 2025, a threshold lower than the federal exemption. This tax can significantly impact how you structure your estate plan. The tax applies to the total value of your assets—real estate, investments, retirement accounts, life insurance, and more.
Planning around the Massachusetts estate tax often involves strategies like gifting assets during your lifetime, setting up trusts, or leveraging exemptions for spouses. For example, the estate tax on assets left to a surviving spouse is typically deferred until the second death. Planning ensures the tax burden doesn’t fall heavily on other heirs later. If your estate is near or above the $2 million mark, proactive steps can reduce tax liability and preserve more wealth for your family.
Estate planning is important for everyone, not just the wealthy. An estate plan does more than distribute property. It ensures your wishes are honored, no matter your asset level. Without a plan, state laws dictate what happens to your property, healthcare decisions, and even your children’s care, which may not align with your preferences.
A basic estate plan in Massachusetts includes a Will to name beneficiaries for your assets and designates someone who can handle your estate (your “Personal Representative”). Guardians should be named for any minor children. A basic estate plan also includes a Health Care Proxy and Durable Power of Attorney to appoint trusted people to make medical or financial decisions if you’re incapacitated. These documents provide clarity and peace of mind, preventing family disputes or unintended outcomes. Even if your estate is modest, planning protects your loved ones from legal complications.
For Massachusetts parents, choosing a guardian for your minor children is a powerful reason to create an estate plan. A guardian steps in to raise your kids if both parents die or can’t care for them before they turn 18. Without a will naming your preferred guardian, a Massachusetts probate court decides who takes on this role. The court aims to act in your child’s best interests, but it may pick someone you wouldn’t have chosen.
In your will, you can select a primary guardian and backups, ensuring your children grow up with someone who shares your values and parenting style. You can also appoint a separate person to manage any inheritance, adding extra protection for your kids’ financial future. Talking to your chosen guardian ahead of time prevents surprises and confirms they’re ready to step up.
Naming a guardian in your estate plan gives you peace of mind, knowing your children will be cared for by the right person. This step is essential to secure their future and avoid uncertainty.
A Health Care Proxy in Massachusetts is a critical document that lets you pick someone you trust to make medical decisions if you can’t communicate due to illness or injury. Your Health Care Agent follows your wishes, which you can outline in the Health Care Proxy or discuss beforehand. Massachusetts law requires this document to ensure your medical care reflects your values when you’re unable to speak for yourself.
Unlike a Living Will, which isn’t legally binding in Massachusetts, a Health Care Proxy gives your agent clear authority to decide on treatments or end-of-life care. Without one, your family or a court might struggle to figure out your preferences, causing delays, stress, or disputes.
Including a Health Care Proxy in your estate plan is a simple but vital step. It ensures your voice is heard, no matter the circumstances.
Your Massachusetts estate plan needs regular updates to stay in sync with your life and the law. Big changes like getting married, divorced, having a child, or losing a loved one might mean you need to revise beneficiaries, guardians, or executors in your Will or Trust. Financial changes, such as buying a home or inheriting money, can also impact your plan, especially if your estate approaches the $2 million Massachusetts estate tax threshold.
Shifts in probate or tax laws can make parts of your plan outdated, so staying current is key. Even if nothing major happens, your plan should be revisited every three to five years. For instance, a Trust set up years ago might not cover new assets, reflect your family’s current needs, or changes in the law.
Reviewing your estate plan regularly ensures your wishes are clear and reduces the chance of problems for your family down the road. It’s a vital step to protect your legacy.
Probate in Massachusetts can take more than a year, especially for complex estates. Speeding up this process helps your family access assets faster and eases their stress. One smart way to skip probate is by setting up a Living Trust to hold assets like your home and financial accounts. When properly funded, these assets pass directly to your beneficiaries automatically upon your passing without court delays.
You can also name designated beneficiaries directly on your accounts, life insurance, and retirement plans, which will also transfer outside probate. Another option is using joint ownership with rights of survivorship for property, letting it pass automatically to the co-owner. Simplifying your estate, such as combining accounts, can further cut delays. Each choice has pros and cons.
Taking steps now to streamline your estate ensures a smoother, quicker process for your loved ones.
You typically cannot move into your new home until all documents have been accepted for recording by the Registry of Deeds. Until this happens, your real estate closing is not complete and you may not be given access by the seller. The Registry of Deeds can take several hours to record documents and sometimes documents do not post until the following business day. Please keep this in mind when scheduling movers and contractors. They should be scheduled until later in the day. Access to the property and delivery of the keys must be coordinated with your realtor.
Lenders always require borrowers to purchase a Lender’s Policy of Title Insurance at closing. Because this policy only protects the lender’s interest in the property, it is strongly recommended that you purchase an optional Owner’s Title Insurance Policy to protect your own interests in the property on a purchase. The closing attorney coordinates obtaining that policy and the cost of the policy will be included in the closing costs received from your lender. Because the consequence of not obtaining an Owner’s Policy can be devastating, if you choose not to purchase one, you must sign a waiver at closing acknowledging the risks.
On a purchase, you will receive a mortgage commitment letter from your lender confirming they can finance you so long as certain conditions are met. It is imperative that you review any conditions in that letter with your lender before the expiration of the mortgage contingency date set forth in the Purchase & Sale Agreement. You must calendar this date and coordinate a termination or extension of this date. Once the mortgage contingency date (also referred to as the “commitment date” or “financing contingency”) expires, you can no longer terminate the transaction for a return of your deposits. If conditions are required on your commitment letter, they must be satisfied prior to closing and approved by your lender’s mortgage department. Your prompt attention to any such conditions is required under the Purchase & Sale Agreement that you signed.
If you have conditions that your lender cannot clear by the mortgage contingency date, you will need to discuss these conditions with your lender directly. This is to confirm that you are comfortable with the risk of them being unable to finance you. This could put you in default on the contract and result in you forfeiting your deposit. An extension of the mortgage contingency date might be required in order to protect your deposits or you may need to terminate the transaction. Requesting an extension could give the seller wiggle room to terminate the transaction. Only you can make this decision after speaking with your lender.
If you are purchasing property that presently has tenants, you must confirm for each unit whether the following have been paid: (1) last month’s rent; and (2) security deposits. You will need to obtain a copy of the lease(s) to confirm this information. Your real estate agent should be able to assist, if needed. Please email this information to us at least fourteen (14) days before closing so we can make appropriate adjustments and ensure that any deposits and rent previously paid are assigned over to you. You will also need to discuss with your lender whether any such adjustments can be included on the settlement statement.
Yes, Massachusetts requires that a licensed attorney conduct the closing and sign the paperwork with the buyer. Additionally, an attorney should work on your behalf to protect your interests by reviewing, negotiating and editing all applicable contracts, and to be there for questions along the way. You can learn more about what a Massachusetts Closings Attorney does by clicking here.
Many banks require the closing attorneys to be approved with them in advance. Our office is approved with hundreds of local and national banks and would be happy to speak with your mortgage lender to be added to their approved list. Frequently, attorneys act in a dual capacity and represent both the buyer and the bank in the transaction. This helps avoid duplicate fees and streamline communication.
Most offices that conduct closings are very close in price. What is most important is skill, experience, trust, communication, and the knowledge that the lower price isn’t being achieved by cutting corners. Errors in real estate can be costly, time-consuming, and difficult to resolve. What might seem like a slightly better deal now, could become an expensive proposition later.
Yes. One of the most important things to note has to do with real estate taxes. The property will likely be assessed by the town as vacant land or a single-family residence prior to closing (or in the case of condos, as a multi-family building). The assessor’s office will then reassess the property after closing which can take up to one year and sometimes longer. Once this happens, there will be a change in the assessed value of your property. This can result in an increase to the real estate taxes. While each town handles things differently, it is possible that you will receive a supplemental bill after the closing for the increase in these taxes.
A closing appointment for a purchase usually takes less than one hour to complete but depends on the lender and the amount of paperwork involved.
Massachusetts law requires that all closings be conducted by an attorney licensed in the Commonwealth. The closing attorney works with the buyer, oftentimes on behalf of the bank if they are getting a mortgage, and oversees the closing process. Their office is the one who reviews the title search to the property, facilitates the preparation of the closing documents, handles all funds, and physically signs with the parties on the day of closing.
Some of the major steps for someone selling their home in Massachusetts include:
These are just a handful of items that need to be coordinated prior to closing. A more detailed explanation of some of them can be found below.
When selling your home in Massachusetts, a Power of Attorney (“POA”) grants our office the authority to sign closing documents on your behalf. This is the customary and recommended procedure for people selling their home in Massachusetts. The power of attorney is limited and can only be used for signing closing paperwork.
No. Granting our office a Limited Power of Attorney to sign closing paperwork on your behalf eliminates the need for the seller to attend the closing. The closing is typically held at the Buyer’s Attorney’s office. This is especially helpful if you need to work, travel, or coordinate your move.
The attorney or title company working with the buyer’s lender generates a document called the Closing Disclosure, which will list all seller closing costs. This document is often not generated until one business day before closing.
If you have a mortgage on your property, our office will need to order a mortgage payoff statement from your lender confirming the required balance to pay off your mortgage. This amount will be deducted from your proceeds and paid off at closing by the buyer’s attorney. Many lenders require a signed authorization from the homeowner to generate the payoff statement.
If your mortgage is not to an institutional lender and is to a private party (e.g. a family member), you will need to help us coordinate with your lender in order to obtain a payoff statement and a mortgage discharge. The original discharge will be required at closing for all private mortgages.
Yes, we recommend paying your mortgage for the month of closing to avoid any potential late charges from your bank. When the mortgage is paid off, any excess the bank might receive is refunded to you typically within three weeks.
Yes, you will want to pay your HOA for the month of closing. The monthly homeowner’s association fees will be adjusted on the Closing Disclosure and you will receive a reimbursement from the buyer for the days of the month after closing.
Yes, you will need to provide a Certificate of Common Expenses from the HOA stating that there are no outstanding common charges due through the month of closing. If you are working with a real estate agent, they will likely coordinate obtaining this document on your behalf. If you live in a small condominium and there is no formal HOA, our office would draft the document in advance of closing and you would need to coordinate with the condo trustee(s) to have it notarized.
Real estate taxes are prorated on the Closing Disclosure based upon the closing date. Depending on the proximity of the closing date to the next due date for real estate taxes, you may be responsible for paying the next quarterly installment. Rest assured that you will receive a reimbursement back at closing for any amount of taxes paid towards the time period after the date of closing.
Massachusetts requires that septic systems be inspected and pass certain standards prior to the transfer of ownership of the home. You will hear this referred to as both the Title 5 and Title V septic system law. The inspection report is valid for two years so it can be done well in advance of closing. This period may be extended to three years if you pumped the system yearly and maintained those records. If you have any concerns about your septic system passing inspection, please speak with your real estate agent or our office as early in the transaction as possible.
Massachusetts law requires a Certificate of Compliance from the local fire department attesting to the working order of the smoke detector and carbon monoxide detector prior to the sale of a home. These certificates are typically good for sixty days and should be coordinated well in advance of closing. If the detectors do not pass, this permits time for a re-test. Be sure to have extra batteries on hand in case that is all that is needed to address the issue on the spot. You can find additional information on the requirements and appointment coordination on the state’s website here.
For a real estate closing in Massachusetts, final readings are utility readings from the municipality showing a final balance and often a final reading charge. They are required for all municipal utilities (i.e. utilities paid to the city or town). This bill is to be paid by the seller prior to or at closing (with a paid receipt if paid in advance). Typically, final readings are needed for municipal water, sewer, and electricity if your municipality has their own electric department. A list of Massachusetts municipality-owned electric departments can be found here.
If you are selling real estate out of a trust in Massachusetts, a Trustee Certificate will need to be drafted and signed for closing certifying that the Trust is still in good standing and that the Trustees have the authority to convey the property. We can prepare this document for you. If there is more than one Trustee, both typically need to be present to sign the documents unless your trust expressly provides otherwise. Massachusetts Closing attorneys will often require that the proceeds be payable to the name of the Trust directly, which could be problematic if your Trust does not have a bank account. Please let us know if you are selling a home that is in Trust and you do not have a bank account associated with the Trust. We can speak with the Closing Attorney prior to closing about this issue.
Rents, last month’s rent, and security deposits will all be adjusted on the Closing Disclosure at the time of closing. This information is not public record so you must inform us about the amounts no less than fourteen days prior to closing so we can communicate it to the Closing Attorney. Please note that last month’s rent and security deposits must be held in a separate bank account and cannot be commingled with your personal funds. The current month’s rent will be prorated for the month of closing and a credit will be given to the Buyer for any last month rent or security deposit paid upfront by a tenant
This is very common. If the buyer obtains a conventional mortgage, the bank will often send someone to appraise the property’s value. The Buyer may also have a property survey done, requiring a surveyor to take some measurements..
