Legal Question in Wills and Trusts in Massachusetts
Is this willl valid?
My parents' wills are identical; both leave everything to the other, or in the event that they both died, to my brother. My mother has been on life support for nearly four years. My brother just informed my sister that he has obtained a court order to remove her from life support on February 18. He is currently living in my mother's home. My father passed away in October, 2000. We discovered that he left about 1.2MM. Neither will mentions my sister nor me. We are not excluded by name or left a dollar - just left out. Is this legal in Massachusetts? Should we fight this? There are no other children and my mother has one brother living. Thanks very much for your help.
2 Answers from Attorneys
Re: Is this willl valid?
Massachusetts has a statute that states when children are not mentioned in a will they may be able to challenge the will and take the share they would have received if there were no will. Consult an attorney.
JOSEPH M. MURRAY, ESQ.
56 NORTH BEDFORD STREET
EAST BRIDGEWATER, MA 02333-1173
(508) 378-3944
Re: Is this willl valid?
You and your sister can challenge the Will. This is an expensive procedure, but for a $1.2 Million estate it is probably worth it.
However, an attorney needs to review the will to give you an accurate assessment. It is legal to disinherit children, however to do so effectively it has to be done correctly. You also need to find out if their were prior Wills or how long ago the Wills were made.
If the Wills were made before you and your sister were born, you may not be mentioned by name but may be included by reference.
I would suggest you contact an attorney who does will contests as soon as possible. You should also try to get a copy of the Will if you can. There are a great many facts the attorney will want to know including your relationship with your parents and if your parents Wills were or could have been influenced by your brother.
I hope this is helpful to you.
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