Legal Question in Wills and Trusts in Massachusetts

Is a handwritten amendment to my dads trust legal in massachusetts if 1) it was prepared in his hand when he was healthy and 2) it was signed later on from a hospital bed when he was under duress & pain meds30 hours before he died .

I am unemployed and just had my 26 month claim expire. Now my step mother the trustee wants to take a sizable loan out the house for who knows what.


Asked on 11/30/12, 5:58 pm

1 Answer from Attorneys
Alan Fanger Alan S. Fanger, Esq.

You have good reason to question the validity of the amendment. The medical records would likely be a good source of information about his condition, but if your stepmother had a role in arranging for the amendment, she would likely have the burden to prove that the amendment was not the product of undue influence. Feel free to consult the probate litigation blog on my web site, www.lawfang.com, for more information.

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Answered on 11/30/12, 6:13 pm


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