Legal Question in Wills and Trusts in Massachusetts
disputing a will
My Father recently passed away and his wife of 5 yrs produced a will that is contrary to what my Father had said was his wishes (numerous times to each of us) in regards to his assets being distributed to his 6 children. Some of things that my Father's ex has said and the fact that the attorney who did the will was recently arrested for fraud, leads us to beleive we should fight this....What do you think ??.....How do we proceed ???....
1 Answer from Attorneys
Re: disputing a will
If the will has been submitted for probate, you can certainly file an objection to its allowance. Keep in mind that any statements your father made before he married would not be helpful, since the judge will presume he would change his mind on his marriage.
Also keep in mind that a spouse has a right to a life estate for a time in real estate and a right to a part of the rest of the estate, even if the will does not give it to her.
The fact that the attorney was arrested for fraud is not evidence that he committed a wrong in your father's case. Once the will is filed in court, you can have a handwriting expert examine it and determine if it is your father's signature. If it is, you will have an uphill battle. You will have to show "undue influence," which is difficult, since she's his wife, not a nurse or housekeeper.
You should consult an estate attorney who does estate contests. It can get expensive. Is it worth it?
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