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Can you challenge the named executrix for a trust/will?

Boston, MA |

We considered contesting the will while the deceased was still alive, but didn't. When she became ill, we were able to attain guardianship and made sure she was given the care she needed. Her power of attorney was supposed to be making sure she was cared for, and was not. So, we took over and filed for the guardianship. Now, nearly 1 year later, she passed away, and the executor of the will/trust is that same person. She is very angry that we took over and more or less 'stepped over her', but it had to be done. Now, she is one of the beneficiaries of the will as well as 4 others. No one trusts this person at all, and even more so since the guardianship. This person is hostile, conniving, and we don't know what to do. We'd rather see someone appointed by the court to do this job than her. Is that an option?

Attorney Answers 2


Yes, although the court has a presumption that the appointed person is who the deceased want. You have to show more than just you don't like or trust that person. If you are able to have the court appoint someone as executor / personal representative for the estate that will not remove that person as a beneficiary of the will.

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I am sorry to hear that you and your family have been through so much. It is possible to contest at Will in the Probate Court, but you must be very careful to follow the correct procedure. Otherwise, you may lose your ability to contest the Will.

All of the heirs at law of the deceased should receive a notice from the Probate Court (called a "Citation"), which provides notice of the Executor's petition to probate the Will, and which provides for a certain date by which all objections to the appointment must be filed.

Your next best step should be to make contact with a lawyer who is experienced in the area of probate and probate litigation.

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