Legal Question in Wills and Trusts in Massachusetts

Re: Question Regarding Notice of Petition for Probate of Will

First, please accept my condolences for your loss.

You have a limited amount of time in which to file your objections, and you should absolutely confer with an attorney before you take any such action.

One result of filing objections to the will is that the estate will incur the expense of defending against your challenge, and you may be caused to forfeit whatever distribution you may have been entitled to under the will.

You might reach a better result by first gathering information and then having all parties sit down and talk.

Re: Question Regarding Notice of Petition for Probate of Will

What undue influence did he exert?

If you think the Will and/or trust was created as a matter of undue infleunce, then you should file an objectiion. However, Will contests are complicated and can be costly.

I recommend you meet with an attorney ASAP.

Please feel free to contact me if you have more questions.

Re: Question Regarding Notice of Petition for Probate of Will

In a word, yes. I assume you have seen the will. If you believe that the will was the product of undue influence, you must file an affidavit of objections within 30 days of the deadline for filing an appearance (that deadline is set forth in the notice of petition to probate the will).

The affidavit of objections must be carefully drawn. It must state all facts on which the claim of undue influence is based and must be signed under the pains and penalties of perjury. For a more detailed analysis of this process, visit blog.lawfang.com.

Re: Question Regarding Notice of Petition for Probate of Will

Right. You've got to file a timely notice of appearance, followed by an affidavit of objections w/in 30 days. The affidavit must be signed by one w/personal knowledge of the facts, and must set forth sufficient facts, or be subject to a motion to strike - which if granted, ends your challenge. A properly drafted affidavit is essential.

If there is also a separate trust involved, you generally need to bring a separate equity action, and consolidate the two.

You may be able to bring a competing petition to probate a prior will.

You should make sure it's all worth it for you - you should examine the will, to make sure you think you're being treated unfairly. You should also see if there's an interrorem clause - if there is, and you challenge and lose, you lose any bequest in the will (or trust).

These are very difficult, can get very expensive, and can be difficult to win. Most settle after some amount of litigation. I've handled several - each with a degree of financial success, each with a huge emotional cost. You realy should have a lawyer if you're going to go through with it.

Good luck.

Re: Question Regarding Notice of Petition for Probate of Will

My condolences on your Mother's death.

Filing an objection, if done properly will save your right to challenge the probate of her estate.

You should consider retaining an attorney to determine if you have sufficient evidence to challenge the Will.

Godd Luck!