Legal Question in Wills and Trusts in Massachusetts

Re: contesting a will

I'm sorry for the loss of your mother.

An objection to a will must be filed within the period specified in the notice issued by the Probate Court - usually 30 days. You should have received this notice from the executor named in the will. The notice will give the date by which any objections must be filed.

You must then file an affidavit of objections within 30 days after that date, although you may request more time for good cause. The affidavit of objections must include the reasons that you opbject to the will - whether it is undue influence of your aunt over your mother or the incompetence of your mother due to her illness/medications at the time the change was made, or both. These are difficult claims to prove and I recommend that you retain an attorney if you decide to go forward with this.

It is not proper for a beneficiary to act as witness.

Please let me know if I can assist you in any way. Best of luck.

Re: contesting a will

It sounds like there are potential problems with this will that should be looked at more carefully.

You should speak with an attorney right away, as you have a limited amount of time to file your objections, i.e. 30 days after the return day set by the court.

Re: contesting a will

As far as contesting a will in Massachusetts, it must be done promptly after notice of the petition for probate is issued. If there is no probate, prompt action should be taken once you become aware of the facts and circumstances which suggest improper action on the part of another.

As noted elsewhere, you must file a written objection with the probate court before the deadline stated by the court in the order of notice (of the petition for probate), which is supposed to be published in the local newspaper and served on interested parties by mail. The deadline (return date) depends upon the location of the interested parties.

This objection can be a very simple statement. Within thirty days thereafter, the objection must be "fleshed out," to inform the petitioner of the basis for your objections.

A typical reason for challenging a will is that it was the product of "undue influence." It is also possible to challenge the capacity of the testatrix at the time of execution of the will, i.e. that she was too medicated to understand her actions...

An attorney can sign as a witness to the will. That is not unusual.

A beneficiary can witness the will, however, that beneficiary loses the bequests set forth in the will for that beneficiary. I.e., if the will is only effective because that beneficiary served as one of two required witnesses, that beneficiary loses out.

This can be a complex area of law which one is well-advised not to try "pro se." If it is important to you, you should promptly contact an attorney, even if you are slightly over the deadline.