When people in Boston, Brookline, or even small towns like Brimfield or Southwick, MA type this question into Google, they’re usually wondering if creating a will is something they can put off — or avoid altogether. The short answer is yes, almost everyone in Massachusetts and Vermont should have a will.

What Happens If You Don’t Have a Will?

If you live in Eastern Massachusetts, Central Massachusetts, the Pioneer Valley, or anywhere in Vermont and die without a will, your estate doesn’t just disappear. Instead, state intestacy laws decide who gets what.

In Massachusetts: Your closest relatives inherit first — spouse, children, parents. But if your family situation is complicated (second marriage, blended family, estranged relatives), the court’s default plan may not match your wishes.

In Vermont: The rules are similar, and probate courts in towns like Brattleboro, Burlington, and Montpelier follow the statute, not what your family thought you wanted.

That means if you own a home in Wellesley or Northampton, or have savings in Natick or Dover, the state of Massachusetts could end up giving your assets to relatives you never intended.

Why a Will Matters

A will is more than just a piece of paper — it’s a set of instructions. With it, you can:

Decide who inherits your home, money, and personal property.

Name guardians for minor children.

Choose an executor (called a “Personal Representative” in Massachusetts) to handle your affairs.

Prevent fights among family members in Hampden, Longmeadow, or Wilbraham.

Bottom line: Yes, you really do need a will in Massachusetts or Vermont.

An Easy Way To Learn More About Wills

Want to learn more? Check out the free webinar “Wills & Trusts 101”.

Click HERE to watch.

Or give O’Connell Law a call to get your Will needs taken care of: (508) 202-1818.


Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

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