Legal Question in Wills and Trusts in Massachusetts

Re: will debate

My condolences on your father's passing.

Retain an attorney to determine whether there is evidence of undue influence that may give you a cause of action against your stepmother. Good Luck!

Re: will debate

Also, if you were not mentioned in your late father's Will, you may have a right to claim as a pretermitted child uner the omitted child statute. However your claim would only be to the probate estate which would be limited to property owned in your father's name alone at his death.

Re: will debate

I sam very sorry to hear about your situation. The facts you present are a little confusing. Did the will leave the real estate to your dad's second wife? If that 's the case, you would have the right to challenge the will on the grounds that your dad was the victim of undue influence. However, you would have to show that your dad wad dependent on his wife in financial or other matters and that the disposition of all of his assets by way of the will was "unnatural". Moreover, there are very critical deadlines which, if missed, result in a forfeiture of your right to contest the will. You need to contact an attorney immediately. Please see my blog at www.lawfang.com for some details concerning will contests and undue influence. Feel free to contact my office if you would like to speak in greater detail concerning the matter.