Legal Question in Wills and Trusts in Massachusetts

Re: Contesting My Mother's Will

When the will is probated, you can file an objection and contest the will on the grounds of undue influence. When the will is presented, the court will issue an order of notice that will tell you the date that you must file an objection. The timetable for this is exact and additional steps are needed. It is complicated and you probably should use an attorney for this.

Re: Contesting My Mother's Will

First of all, I am sorry that you have been placed in this situation.

There are two bases upon which you can contest the will in this situation: undue influence and lack of mental capacity. The procedural requirements are very strict, however, and there are firm deadlines that need to be adhered to. These are discussed on my blog which can be found at www.lawfang.com

With respect to mental incapacity, you would need an expert witness (usually a physician) to review your mother's medical records and testify that she was not capable of understanding the consequences of her actions. This can be difficult but not impossible to prove. To prove undue influence, you must prove that your mother made an "unnatural" disposition, but your grandsons may bear the burden of proving there was no undue influence if they were involved in managing her finances or if your mother relied upon them for advice in financial matters; otherwise the burden is on you to prove undue influence. Undue influence is also discussed in detail on my blog. Feel free to contact me if you wish to discuss this matter in detail.

Re: Contesting My Mother's Will

You need to contact an attorney and determine whether the facts justify a complaint to contest the Will.

I suggest you contact someone who does Will contests as a regular part of his or her practice.