Residents of Massachusetts who learn they’ve been left out of a will might initially feel daunted. You might want to take certain steps to contest the document. Should you contest the will? Contesting a will is often difficult. Depending on the situation between you...
Will Contests
No-contest clauses in wills and trusts in Massachusetts
When you pass away, you won't have much control over what can happen to your assets in Massachusetts or how some of your heirs will be treated by other beneficiaries who seemingly have better means. To avoid changing the terms of your will or trusts or even...
Who are interested parties in will contests?
Are you planning to publish your will in Massachusetts? This is a matter that you need to think long and hard about. You want to be sure that every angle is covered so that contests will be minimal or nonexistent. This includes all those who can be listed as an...
Does the executor of a will have the final say?
Being the executor of an estate in Massachusetts carries more responsibility than just the authority over the distribution process. The executor effectively ensures that all outstanding debts are paid first with asset distribution then being completed according to the...
The main components of an estate plan
Creating an estate plan is important if you are a Massachusetts adult, because if you do not have one, the state decides how your assets are distributed. With an estate plan, you can feel more confident that your wishes will be carried out. Planning for incapacity...
How long do will contests take in probate court?
If a loved one has passed away in Massachusetts and you are the executor of that person's will, you may wonder how long the process will be to go through probate. Although there is no easy answer, larger estates generally take longer to settle than smaller ones. What...
How non-contestability clauses protect wills
A non-contestability clause, also called a no-contest clause, is a provision in an individual's will that threatens inheritance redistribution if beneficiaries contest the terms of the will. The goal of the clause is to discourage beneficiaries such as children and...
Contesting a Will
If you have been involved with a will before, then you might know that sometimes people in Massachusetts are not happy with the way that the will plays out. Heirs might be surprised that they were left out or that what they received was not what they expected....
Undue influence and other will challenges
Probate litigation is necessary for families who must express grievances regarding a will or how an estate is handled. Massachusetts law establishes a strict rule over undue influence in this process. When one person obtains the trust of another in order to mislead...
Steps to take after being left out of a will
If you are left out of a deceased family member's will, it may be possible to have the document invalidated. This might be true if you can convince a Massachusetts judge that it was created by someone who wasn't of sound mind. Alternatively, a will may be invalidated...
