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Can we Contest the Will and do we need an Attorney?

Mashpee, MA |

My estranged Father died. I found his will leaving everything to his sister. All his documents listed him as single not divorced no children. He was married and divorced wth 5 children. We were in touch off and on throughout the years. I was notified by a friend and buried him according to his wishes in the will. His sister is incompacitated. I found the executor and released funds to pay for the expenses. While there is not much money, the fact that he left it all to his sister is upsetting to my siblings and myself. Can we contest the will in Massachusetts or at least request equal distribution between the Aunt and us and how long do we have to do this if at all?

Attorney Answers 1


You certainly have the right to contest the will. However, your own description of your relationship with your father as "estranged" will probably make such a challenge difficult. Generally in this instance a will can be challenged on two grounds: that the person making the will lacked the mental capacity to do so, or that the person was subject to "undue influence" by the person who benefitted from the will (or someone married to or a domestic partner of the person who benefitted). There also deadlines and procedures that must be complied with; failure to adhere to these deadlines and procedures will result in the forefeiture of your rights. See and check out my blog (which has posts on various issues relating to will contests and undue influence). Please also read my article on avvo.con on challenging a will in Massachusetts.

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