Legal Question in Wills and Trusts in Massachusetts
I had signed a document to put my sisters name on my mothers house deed to protect the house from medicare? my mother dies a few weeks later but the lawyer didn't put the document thru. I think my sister got ahold of the document. Can I still contest the will? my mother had dementia at the time of the will writing.
2 Answers from Attorneys
You can object to the Will as being invalid due to your mother's competency at the time but you will need a good faith belief and medical support for your claim.
The will could be challenged on two separate bases: first, that your mother lacked sufficient capacity; and second, that she was the subject of undue influence by your sister. There are deadlines and burdens of proof involved; these are detailed in blog postings on my web site, www.lawfang.com.
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