Legal Question in Wills and Trusts in Massachusetts

If you had a situation where the deceased left a will leaving everything to his dog and to charity but was survived by his wife and two children of his own and three children of hers who would be the heirs at law you would insert into the Petition to Probate?


Asked on 2/03/11, 1:44 pm

4 Answers from Attorneys

Paul Lancia Attorney Paul Lancia

Sounds nutty, need to try and void the will, heirs would be wife and two children for the challenge to the will.

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Answered on 2/08/11, 1:57 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

You would first need to look to the will itself and see if there are sufficient grounds to challenge it or its formation. The surviving spouse may have the right set aside the will and seek a statutory share of the estate. You should speak with an attorney as quickly as possible to preserve your rights.

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Answered on 2/08/11, 4:11 pm

The Spouse can challenge the Will under the state statute. There may be additional grounds to challenge the Will as well. I would suggest his wife, your mother contact an attorney ASAP.

My understanding is that the children are his step children not his children, so the heirs at law are his Spouse.

Please feel free to contact me if you have additional questions without obligation.

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Answered on 2/08/11, 4:48 pm
Denise Leydon Harvey Harvey Law Offices

The heirs at law would be his spouse and his two children, but not her children. Otherwise I agree with the prevous answers. The spouse is entitled to a certain share of the estate by statute, and this situation is something that you should discuss with an experienced estate attorney.

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Answered on 2/09/11, 6:22 am


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