Legal Question in Wills and Trusts in Massachusetts
Making up someone's willMother
Mother passed in May of 05 with a will. She was 82 She also had 7 adult children A house worth 800,000 other property monies. But my brother, also the executor changed her will 9 months before she died saying he is to get everything. He was her caregiver also the youngest child never left home but did marry and with 2 children. He lives in my parent home with his family. He sent all the siblings a copy of my mom's will in the mail. The will was dated Aug 2004. there is no way my mother could have execute a will at that time. I have proof the she was. Leally blind, suffered from dementia, alzheimer's ,bipolar plus she hasn't held a conversation with anyone in couple of years. She has been ill since I was twelve and I am now 51 I have never known those illness to get better with time.I'm going to contest the will. Do you think I have a chance. And can he present another will saying this one is the original one now . Will the courts accept that. And are there any criminal charges I can bring on him for what he has done.
2 Answers from Attorneys
Re: Making up someone's willMother
My Condolences on your Mother's death.
Retain an attorney to contest the will. If you have medical proof she suffered from all the illnesses you have listed you have a good chance of success, which will result in either resurrecting any former Will you can prove she executed while still competent or will result in her estate passing intestate (without a Will) to her heirs in equal shares. The two witnesses who were required to have signed her Will should be questioned as to their observations with respect to her competency at time of signing. Good Luck!
Re: Making up someone's willMother
You can challenge the Will on at least two grounds, fraud and undue influence. The proofs are difficult but if you have sufficient medical support, you have a reasonable chance of winning.
To better assess your chances, contact an attorney as soon as possible.
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