Legal Question in Wills and Trusts in Massachusetts

Re: How to contest a will in Massachusetts

How do you know that deadline? What is it that you think must be done by that deadline? Are you sure it isn't March 15th? When was the will filed? What is it you think needs to be done by that deadline?

There are specific legitimate grounds for disallowing a willing, but I'd rather hear the facts from you first.

Usually there is a two-step process; first, "filing an appearance against the will" and then within 30 days filing an affidavit of facts supporting your legal theories. An attorney can do the first for you but you or someone other than the attorney would have to sign an affidavit consisting of statements of your personal knowledge which would support grounds to contest the will.

What are the actual facts? Do you doubt that was his real intention? Was she always the only one he loved, or something? What are you thinking?

You had better act quickly, of course. Contact me directly if this is in the Cambridge or Dedham courthouse; I might also consider Worcester or even a few other places. Otherwise, find someone closer to you! But you'd better hustle!

Re: How to contest a will in Massachusetts

What did you decide to do? I see no response to my questions or comments.

Re: How to contest a will in Massachusetts

Since today is March 14, you would have to act very quickly to file an objection to the allowance of your father's will. In any event, much more information is necessary before an attorney could provide meaningful answers to your questions. Examples are: Did your father have other children? Did your father live w/your half-sister? Has your father been in good health up until the auto accident?

A second important issue arises w/regard to the fact that he died in a car accident. Even if you did not succeed in contesting his will, you might be entitled to damages for loss of consortium -- that is --- your loss of the company and affection of your father.

I encourage you seek local advice very quickly. I will be happy to speak with you if you think that would be helpful. (I am admitted in Massachusetts and Rhode Island.)

Best of luck in whatever road yhou choose.