Legal Question in Wills and Trusts in Maine

can a will be broken

my friends mom died she gave all her other alot of money about 125 thousand dollars but she gave him the same but put in the will he can only get 400 a month for 20 years and if he dies before that the money goes back to his brothers and sister is there any way he can get all the money he doesnt think this is fair


Asked on 3/25/07, 2:23 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: can a will be broken

The possible legal challenges to a Will are for reasons regarding the execution of the Will and if the person had capacity and independence to make the Will.

The perceived "fairness" of a Will by a beneficiary is not a legally significant issue. The Will could have left your friend nothing. However, in this case your friend's parent set up a trust in the Will to provide income and I assume that is because that parent did not believe that your friend would be responsible with a lump sum of money all at once.

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Answered on 3/26/07, 8:03 am


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