Legal Question in Wills and Trusts in Massachusetts

My father passed away in Feb, my 2 brothers and I were very shocked when the will was finalized and found out we were getting $258 each. We were very sure he had a good amount of money from property sales and smart stock playing. first off he died on feb 13th and as I understand a will should be probated within 48hrs,this took over a month.second he and my mom were divorced years ago and he had since remarried. then my one brother got suspicious of things and all of a sudden he comes out he had more money and she forced him to sign papers over to her and so on. First off my father was an alcoholic and who knows what frame of mind he was in when he signed. Second his will never changed from 1997 stating 50% TO her and the other 50% to be split even for me and my 2 brothers. There also was no documents to prove this is what he wanted. Also thee day he died she heard him fall in the bathroom at 6am and looked in and threw a towel on him,left for 4 hours came back and he was still there so she call the police and not paramedics. My brother now wants to bring this to court,and I just need some guidence. This is all going on in New Jersey and I live in Massachusetts, thanks Jason


Asked on 7/28/10, 5:41 pm

1 Answer from Attorneys
Alexandra Golden Golden Law Center

Please repost this question as a New Jersey question.

You need a New Jersey lawyer to advise you about whether there may or may not be undue influence. BTW, I've never heard of a 48 hour limit to probate a will. You need to get a death certificate first before you can file the will -- it takes longer than 48 hours for a death certificate to be produced.

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Answered on 8/02/10, 6:57 pm


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