Legal Question in Wills and Trusts in Massachusetts

My father passed away in June and my brother and I filed what we believed was his last will and testament with the probate court. (My Brother and I put a notice in his local paper and we also mailed a notification to my Dad's second wife informing her that we were putting what we believed to be his last will and testament through the probate court.) My Dad's 2nd wife did not object to our filing my Dad's will at that time nor did she say that she had a more recently dated will.

My brother and I were appointed co-executors of my Dad's estate and we began the process of marshalling all information related to my dad's estate. Now all of a sudden my dad's 2nd wife says she has a will and is going to put it through probate. How can she do that, I thought you only had 30 days to submit a will? What will the court do?


Asked on 3/15/10, 11:11 am

2 Answers from Attorneys
Alexandra Golden Golden Law Center

Hire a lawyer with experience in probate litigation. NOW.

You are about to experience what's known as a will contest. You're going to need to object to the document which Wife #2 claims to be the final will, both on the grounds that she's too late and potentially on the grounds that the will itself is invalid. This will not be either pleasant or inexpensive. What the court will do will depend in part on the evidence.

Good luck.

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Answered on 3/20/10, 11:19 am

You need an attorney who handles Will contests. The Probate Court wlll hold a hearing as to the validity of the second Will. Your attorney will have to determine not only if the Will is valid or if it was the result of undue influence.

If you have more questions, please feel free to contact me.

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Answered on 3/20/10, 7:42 pm


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