Legal Question in Wills and Trusts in Massachusetts
I am asking this question for my aunt. Her brother just passed away and left his car, home and contents to her in his will. He was divorced 20 years ago and his children have been estranged from him since the divorce. He has had no contact with them and did not want to leave them anything. There has been no obit placed. They all live(d) in MA. Do the children need to be notified? If so, how and when? And are they entitled to anything or to contest the will? Thank you for your help.
2 Answers from Attorneys
Yes, the children must be notified of the petition for probate. After your aunt files the will and the petition for probate, the court will issue a citation. The citation advises the interested parties that there is a deadline for filing a notice of objections. This citation, a copy of the will and a copy of the petition for probate must be sent to the children. If she does not give proper notice, the children can come into court.
Your aunt should consult with an experienced probate attorney to make sure that she understands and follows the rules.
If her brother left a Will, she is required to Probate it. This means filing the Will and publishing it as well as notifying his children. If the Will leaves everything to her, the children will have to challenge the Will.
They will need valid conditions to challenge the Will, such as Undue Influence etc. If the home was in joint name with right of survivorship, that passes outside of the Will and the Estate.
I suggest your Aunt contact an attorney and obtain assistance in probating the Will. If the Will specifically disinherits the children, then they will have to argue fraud or undue influence and the burden will be on them.
If your Aunt would like assistance, please have her contact me without obligation.
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