Legal Question in Family Law in Massachusetts

Re: My father will

Hi - I'll answer your question as best I can given that you've provided somewhat limited information:

I take it from your question (if I'm reading it correctly) that prior to your father passing away he gave 50% of his "estate" to one of your four sisters. (One's "estate" includes their personal property, real estate, cash, investments, etc.)There may be a legal issue as to whether your father did so as the result of what us lawyers refer to as "duress" or "undue influence," in other words, did your sister do something improper, something which compelled your father to give her one-half of his estate prior to his death? Or did she perhaps simply take 50% of his estate, knowing that he was too old or feeble to resist or object?

As for your father's will - I'm not clear on this part of your question - does his will leave the remaining 50% to the same sister? If so, the will may be subject to a court challenge (referred to as a "will contest") on the same grounds mentioned above (duress, undue influence), or on other grounds, including grounds which concern the format of the will, whether it was properly signed and properly witnessed, and whether or not it makes any reference to the sisters (including yourself) who were left out of his will.

Will contests and challenges are not easy cases, sometimes they can be the toughest cases - but if handled properly they can also be successful. I would strongly advise you to retain an attorney, or at the very least seek legal advice before mounting such a challenge.

My name is Len Foy and I am an attorney with the Law Offices of Gould & Gould, we have offices in Londonderry NH and Methuen Mass. If you'd like to discuss this matter with me further you can call my office to schedule a free consultation, our office telephone number is (603) 434-3437.

My condolences to you for the loss of your father and I wish you well.

Regards - Len Foy