Why a Will Is Not Enough to Protect Your Family in Massachusetts

If you’ve ever thought, “I have a will, I’m all set,” you’re not alone.

Many Massachusetts families believe that having a will means their loved ones are fully protected and their affairs are in order.

Unfortunately, that’s not the full picture.

A will is an important first step, but it only covers what happens after you die, and even then, it often leaves your family dealing with court delays, public filings, and unnecessary expenses.

Here’s why a will alone is not enough, and what you can do instead to keep your loved ones out of court and conflict.

1. A Will Must Go Through Probate

In Massachusetts, every will must be validated through probate court.

That means your estate becomes part of the public record, and your family may wait months or even years before receiving their inheritance.

During that time, assets can be frozen, costs add up, and stress levels rise, all while your loved ones are already grieving.

A revocable living trust avoids probate entirely, allowing your assets to transfer immediately and privately to the people you’ve chosen.

2. A Will Only Works After You Die

Your will has no legal authority while you’re alive.

So, if you become incapacitated due to illness or accident, your family could face court proceedings just to access your finances or make medical decisions for you.

A complete estate plan includes a Durable Power of Attorney, Health Care Proxy, and Living Trust to ensure your wishes are honored and your family can act on your behalf, without court involvement.

3. A Will Becomes Public Record

When your will is filed in Massachusetts probate court, it becomes public information.

Anyone, including strangers, can see what you owned, what it was worth, and who’s inheriting it.

A trust keeps everything private, shielding your family’s financial details and personal matters from public view.

4. A Will Doesn’t Protect Minor Children’s Inheritance

If your children are under 18, they can’t inherit directly through a will.

The court must appoint a guardian of the estate to manage the money until they reach adulthood, often someone you wouldn’t have chosen.

A trust allows you to decide who manages your children’s inheritance, how it’s used, and when they receive it, protecting them from financial mistakes and outside influence.

5. A Will Doesn’t Protect Beneficiaries from Loss

Once your beneficiaries inherit under a will, the assets are theirs outright, which means they can be lost to divorce, creditors, lawsuits, or poor decisions.

A trust keeps those assets protected for your beneficiaries, ensuring what you’ve built stays in your family for generations.

6. A Will Doesn’t Help with Taxes or Nursing Home Costs

If you’re concerned about Massachusetts estate taxes or the rising cost of long-term care, a will alone offers no protection.

Certain types of trusts, like irrevocable trusts, can help you preserve your home and savings, plan for Medicaid eligibility, and minimize estate taxes, allowing your wealth to stay where it belongs: with your family.

The Bottom Line

A will says who gets what.

A trust says how, when, and with what protection your loved ones receive it.

If your goal is to make things simple for your family, protect what you’ve earned, and avoid unnecessary court involvement, a will alone is not enough.

The best time to plan is now, before life throws the unexpected your way.

Ready to Protect Your Family’s Future?

Join our upcoming Estate Planning Workshop in Massachusetts, where we’ll walk you through how trusts work, how to avoid probate, and how to create a plan that actually works when your family needs it most.

Reserve your seat today,

space is limited, and the peace of mind is priceless.