Legal Question in Wills and Trusts in Massachusetts

Re: Contesting a Living Will ?

First a living will is a document that deals with life and death medical decisions.

But as to contesting a will, generally Wills are contested only after someone dies. As to your mother's wishes, they are not binding upon your father unless his will then existing and her then existing were reciprocal wills. Most Wills are not reciprocal. If they were reciprocal and that will required all children share equally you could invalidate the current Will and any subsequent Will, in general. There are exceptions.

As to contesting his new will, you would have to show that he is or was under undue influence of someone like your sister or her husband, if applicable or that he is not of sound mind at the time of making the will.

To properly disinherit you he has to actually state that in the Will.

I can tell you that while I understand your pain in this regard, unless the amount in question is substantial contesting a Will is not a worthwhile endeavour. Will contests are expensive and can and do frequently disipate estates.

I am curious as to how you know what is in his new Will? Most people who write their children out of a Will don't bother to tell them unless they are trying to exert some kind of control or inflict pain.

You could always seek to have your father committed or a conservator appointed and ask that his estate be handled by someone else because of undue influence or incompetence, but that too is expensive.

I hope this is helpful.