Legal Question in Wills and Trusts in Massachusetts

Re: non assenters

The person contesting the will pays their own legal bills and the estate pays to defend the will. If the executor/executrix disbursed money, then they are responsible for recovering it to pay for legal expenses. An executor/executrix should not have disbursed money until the Will was Allowed by the courts and an accounting was approved. If they did, then the burden falls on them to get the money back and defend the Will, or risk that the court will side with the party who is contesting it, and then order the executor/executrix to turn that money over to the court.

Re: non assenters

Typically, money won't be disbursed until a period of time has passed and all the decedent's creditor's claims have been identified and paid, all administration expenses have been paid, and then it would be disbursed according to a will which had been probated. Normally, the will would be probated before any of this happens.

If an interested party (next of kin, spouse, creditor) objects to the allowance of a will, but fails to pursue their objections, they may be deemed waived. Note, however, that as long as a general objection is timely entered, there is an additional period of time to file more detailed objections to the will. A court appearance will not generally be required at the return date. Later in the process, skipping a hearing without an excuse acceptable to the probate court could prejudice one's case.

Re: non assenters

Generally the party that contests the will bears the cost, and the estate bears the cost of defending the will. Depending on the nature of the claim, the estate may reimburse the objectors if the objections are deemed valid. Also, depending on where in the process the estate is at this time, any disbursements could be deemed improper.

You should review the detailed facts of this situation with an attorney. Please let me know if this office can assist you.