Legal Question in Wills and Trusts in Massachusetts

Procedure for contesting a will

I am the only heir to my uncle's estate. He was continually emotionally battered, pressured, controlled by my late father, and my mother. It is my well-founded belief that after my father's death, my mother exerted undue influence to coerce my uncle into leaving her the entire estate except for some charitable contributions. Since my uncle's death, my mother (who is named as executor) has been in my uncle's home sorting all of his personal papers, ''cleaning out'' and throwing away anything she so chooses. I have been in touch with the attorney who is handling my uncle's will, who also represents my mother. I strongly suspect conplicity. My mother has also made a statement to another relative, that she will make sure I never see a penny of my uncle's estate, which is mostly my deceased grandmother's estate, containg many sentimental items that I would like to have. I was her only grandchild. How do I go about contesting the will (undue influence), stopping my mother from removing, selling or destroying valuable/sentimental estate items. I am familiar with basic wills and trusts law, but only in California. What forms must I file? When? How do I obtain them? I appreciate any help you can give me.


Asked on 12/05/04, 12:27 pm

1 Answer from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Procedure for contesting a will

You should not do anything personally. What you need to do is hire an attorney who is scariest and estate planning/probate/litigation. You have a long row to hoe. It is more of an uphill battle but if you have the inclination, the right lawyer you might, note the word might, prevail. There are substantial amount of facts which an attorney needs to be able to help you. If those facts are not there it will make the attorney's job a lot harder. You cannot be that familiar with courtrooms, procedures, and the requirements in a probate court to deal with your situation. Most importantly there is a statute of limitations and I'm very concerned that you have waited too long if she has been named the executor. Therefore, get off the chair and make an appointment with an experienced probate/estate planning attorney in your area. I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 12/05/04, 12:36 pm


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