Legal Question in Wills and Trusts in Massachusetts
Contesting a will - timing & fraud questions
How long does someone in MA have to submit a claim against an estate in MA if the will has been extended due to being contested? The original contesting person was sent away without standing. Does the estate begin to accept claims when the executor is named or from date of death? If so, is it limited to 365 days after the death? Some bills are being allowed to be submitted like medical bills up to 18 months after time of death. Also - another side, there is a strong question of the deceased not being competent at the signing of the will as the will is much different than was ever stated by the person, while they were alive. Executor is doing many things wrong overall, as well as with the funds, and has much to gain if all goes ''smoothly''. Many reasons to contest, with standing. Are all hands tied here, from a time standpoint?
1 Answer from Attorneys
Re: Contesting a will - timing & fraud questions
Challenging a Will based on the Testator's competence is different than claiming other rights. There is a significant proof to make.
As to when a Creditor may commence and action or make a claim, perhaps this section of MGL 197 may be of assistance.
ARTICLE OF ACTIONS BY CREDITORS.
Chapter 197: Section 9 Commencement of action; service of process; action against trustee; recovery of medical assistance payments
Section 9. (a) Except as provided in this chapter, an executor or administrator shall not be held to answer to an action by a creditor of the deceased unless such action is commenced within one year after the date of death of the deceased and unless, before the expiration of such period, the process in such action has been served by delivery in hand upon such executor or administrator or service thereof accepted by him or a notice stating the name of the estate, the name and address of the creditor, the amount of the claim and the court in which the action has been brought has been filed in the proper registry of probate.
(b) An executor or administrator shall not be held to answer to an action by a creditor of the deceased which is commenced within any other or additional period of limitation for bringing such action provided by or under this chapter unless before the expiration of such period the process in such action has been served by delivery in hand upon him or service thereof accepted by him or a notice as aforesaid has been filed in the proper registry of probate.
(c) A trustee of a trust, the assets of which are subject as a matter of substantive law to being reached by creditors of the deceased, shall not be held to answer to an action by a creditor of the deceased unless such action is commenced against such trustee or against the executor or administrator of the estate of the deceased within the time and in the manner provided in subsection (a). Such trustee shall have immunity from personal liability to a creditor of the deceased in the same manner as an executor or administrator has, pursuant to sections two, three, four, and five.
I hope this is helpful.
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