Legal Question in Wills and Trusts in Massachusetts
Contesting a Will
My paternal grandfater passed away about 4 years ago. His wife, my mother's stepmother, was named sole heir. She passed away about 6 months after that. Her will read identical to my grandfater's-should her spouse be deceased at the time of her death, her property, personal and real, was to be divided between her twim sons and my mother in equal thirds. She raised my mother from immediately after birth.
One of the brothers had lived in the house with them and still does. My mother lives in Alabama, but travelled up for the reading of the will. He told her afterwards that the only way that he would consider dividing the property is if she paid out of pocket to have the main residence and the additional 20 acres of woodlands surveyed. He also told her that because she wasn't blood related to his mother she wasn't entitled to a full third.
What is the quickest, least expensive way for her to settle this? The property is worth approx. $400k, but she only asked for $50k to buy out her portion. He maintains she has no rights, though the will clearly states that she does.
3 Answers from Attorneys
Re: Contesting a Will
The quickest way to force is hand is for your mother to retain an attorney here to either file an "Action for Partition" requiring that the home be sold, or to bring a Contempt motion in the probate court.
Under NO CIRCUMSTANCES should your mother settle for $50,000 (when she was willed more than three times that) before talking to a lawyer and going over her rights.
Re: Contesting a Will
First, your mother is entitled to a full third of her step-mother's estate. It is the executor's responsibiity to have the property appraised and report it to the court.
If the property can be divided into 3 parts of equal value, then it can be deeded separately; if not, then the property should be sold.
Your mother should contact an attorney here and make sure, she is represented.
Please feel free to contact me if you have additional questions.
Re: Contesting a Will
I think the approach is wrong.
The executor MUST have someone appraise the property. That property can also be appraised for best use. If the property is subject to division under the will, it MUST BE sold, or the other heirs can buy your mother's share as a settlement.
I simply cannot see why your mother is willing to offer $50K for a a value of at least $133K, loss of 83,000$.
I advise your mother to reconsider her situation.
If you want to discuss this complicated issue in further detail, you can contact me at 978.749.3606.
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