Legal Question in Wills and Trusts in Massachusetts

Withdrawing an Objection to a Petition to Probate a Will

Hi--

I want to withdraw an objection to a petition to probate a will.

I am in California and the will is docketed in Massachusetts. Do you know how I can do this without going into the court itself?


Asked on 1/23/09, 4:52 pm

2 Answers from Attorneys

Re: Withdrawing an Objection to a Petition to Probate a Will

You can send an Assent to Probate of the Will. It is a form you may be able to get from the court or the attorney handling the Estate. I am sure the attorney representing the estate will be happy to send you a form.

Good Luck.

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Answered on 1/23/09, 9:11 pm
Herbert Cooper Law Offices of Jameson & Cooper

Re: Withdrawing an Objection to a Petition to Probate a Will

As noted, if you contact the attorney representing the Executor, they could provide you with a form, or you could simply write a letter to the court stating that you withdraw your objection and assent to the probate of the will and the appointment of the representative (executor, or administrator with the will annexed), assuming that you are not objecting to the proposed executor only but not the will in general. If the latter, then it may be a good idea to speak with an attorney. Otherwise, you could probably just write a letter, have it notarized, and send it in to the court (referencing name of decedent and the court docket number).

Good luck

Herbert W. cooper

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Answered on 1/23/09, 11:33 pm


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