Legal Question in Wills and Trusts in Massachusetts

Re: change of will / contesting it

There are two important facts missing from your question. The first being how the title to the house is written or held. If the house is owned as Tenants by the entireties or as joint tenants with survivorship, then the house automatically goes to the other owner. If it is held as Tenants in Common then the Will can designate the disposition of her half of the house. Most married persons hold title to their homes as Tenants by the Entireties.

The second fact missing is whether the Wills were created as reciprocal wills, meaning that they were created with a restriction that neither Will can be changed without the consent of both parties. Most Wills are NOT reciprocal.

If the home is held by a real estate Trust then there are more complications and issues. Given your father-in-law's condition the next issue is does his wife have a Durable power of Attorney so she can dispose of assets including the home. If you are that concerned you can try to be appointed conservator of your father-in-law although the court may appoint his wife. A conservator is one who is responsible for the finances of an incapacitated person.

I trust this information was helpful. If you have further questions feel free to call me.