Legal Question in Wills and Trusts in Massachusetts

what recourse/remedy do I have when a revocable trust was written [using the power of attorney, not by the testator who was declared demented] which adds a new category of heirs to the will? Since the financial institution only sees the trust, the net result is distribution of the estate to more persons than named in the will.


Asked on 3/13/14, 1:04 pm

1 Answer from Attorneys

You have the right to challenge the amendment of the Trust depending upon the terms of the DPOA and if the amendment is inconsistent with decedents declared intent. You can seek an injunction to stop any distributions until the court reviews the case.

I suggest you contact your own attorney immediately. You will need a copy of the Trust and the DPOA, if available to you.

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Answered on 3/13/14, 1:44 pm


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