Legal Question in Wills and Trusts in Massachusetts

Re: will and trust

The only assets which pass through a will are those that would go through the probate process. Assets which pass through a trust do not go through probate. Therefore, under normal circumstances, your husband would be out of luck.

The facts that you present suggest that all may not be as it seems. If the new trust and the transfers into the trust were made shortly before death and cut out one child in favor of another, there is certainly the possibility of undue influence. If you can prove undue influence and/or the decedent's lack of capacity, it is possible to have the Probate Court order that the transfers be set aside.

I strongly suggest that you schedule an appointment with a probate litigator as soon as possible.

Re: will and trust

A trust doesn't exactly supercede a will. Property which has been transferred into a trust will be governed by the terms of the trust rather than the terms of a person's will. In some cases, the will will direct property to be disposed of according to the terms of the trusts.

The trust will not cover any property which has not been transferred into the trust, while the will controls any property in the name of the decedent.

Having said that, it is possible to challenge either a will or a trust, if there are circumstances suggesting that the mother was pressured in an improper way into changing how she intended to dispose of her property. There are a lot of facts which would be important to determining whether there is an issue which could be decided by a court. Your husband should contact a probate attorney.