Legal Question in Wills and Trusts in Massachusetts

Re: contesting of a will

I am sorry for your loss and the unpleasant contest of your late Mother's Will by your brother.

While he has a right to contest it, it does not mean he will succeed.

You should retain an attorney to insure your Mother's wishes prevail.

Good Luck!

Re: contesting of a will

I'm sorry to hear that you're going through a tough time. However, if your mother hadn't drafted a will, you would have no claim at all concerning your right to stay in the house.

When a person dies without a will, the law gives no protection at all to a caregiver child. The administrator of the estate would have to take charge of the assets, liquidate them and divide up the proceeds. Further, your brother, not you, might have been named the administrator. Assuming that the will holds up, you will have the right to stay put.

This is the sort of situation where even the most even-tempered person shouldn't try to represent herself. If you have not already done so, I strongly suggest you see an experienced probate attorney who can evaluate his claim, represent you before the court, and negotiate with your brother (or his attorney) on your behalf.