Legal Question in Wills and Trusts in Massachusetts
Improper interference
My wife inherited her mothers house she was named
the executrix.The will specifically states "her name
to take over the properties and house."then to devide the remander of the estate equally amongst her brothers and sisters which she did.Now one of the sisters is protesting the will(which the protest has not been filed)She lives in another state. All of the family has signed off on the will except her.Causing great anxiody and delay,can a suit be brought against her in a civil action.
1 Answer from Attorneys
Re: Improper interference
This is a matter which needs to be resolved within the Probate Court where the will is filed. Under the laws of Massachusetts, notice must be given by way of direct mail to the known heirs(if all parties do not assent) and by publication. Also, the courts have recently begun to require a specific information form be sent to all interested parties. While your sister does have the legal right to protest the will, she must do so throught the Probate Court. At that time, she will have to state her objection with particularity and justify same. The Court will then decide on her objection. She has a tough presumption to overturn the intent of the will. Good luck and keep your cool.
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