Legal Question in Wills and Trusts in Massachusetts
I am asking this on my daughters behalf. Her father recently passed away from excessive drinking through the course of his life. He was 61 when he passed away and had been drinking at least since i met him when he was 32. I know that it was much longer than that though. We found out that he changed his will in august of 2005 which left everything to his brother and sister. The first will left everything to her.
I need to find out what kind of chance she would have contesting this not only cost wise but the mental anguish that it would cause her, or should i say more that what she has had to go through since she can remember. She is now almost 27. They did not have the best relationship for obvious reasons but both her and i saw him in april of 2009 so she could let him know he was going to be a grandfather. They had spoke on the phone on a few occasions after that last visit. I honestly believe the alcohol abuse is what caused him to change the will, but i do not want her to have to go through anymore anguish or pain. She deserves what i believe is rightfully hers but i need to know that she would have a very good chance if she decides to contest this. Sorry to be so long winded. Please be honest with what you think her chances would be.
thank you
3 Answers from Attorneys
If her father was of sound mind and not under any undue influence, his will is valid and can't be challenged. The usual grounds for challenge are lack of mental capacity, undue influence, and the will wasn't properly executed. Your daughter should consult an attorney to see if there are grounds to challenge the will. Many attorneys will give a free initial consultation.
If her Father acknowledged your daughter in his Will and was of sound mind and no undue influence, his will would most likely be considered valid even if he left nothing to your daughter.
However, if he did not acknowledge her in his Will, she may be able to claim his entire estate under the omitted child statute.
She should retain an attorney to advise her on this. Good Luck!
Contesting a will is no easy task, and considering the value of the information already provided, she should seek a consultation with a probate attorney.
The odds are long from the little you described. That she is troubled by this will is of little import.
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