In the state of Massachusetts, there are specific people who are legally allowed to challenge a will. This is known as "standing to contest a will." People who can challenge a will in Massachusetts Probate law in Massachusetts stipulates that only "interested parties"...
Will Contests
When do non-contestability clauses make sense?
On Behalf of Fein Law Office | Oct 26, 2022 | Will Contests
Writing a will is a good way to ensure that your Massachusetts assets are distributed according to your wishes after you die. In most cases, a person who writes a will, known as the "testator," can expect their heirs to comply with the directives in the will. However,...
Why a will may fail
On Behalf of Fein Law Office | Sep 13, 2022 | Will Contests
The execution of a will after a loved one’s death does not always play out smoothly. In Massachusetts, family members frequently contest wills, and there are some very common reasons why this occurs. Greed If the departed party decided to leave most of their money and...
How do will contests work in Massachusetts?
On Behalf of Fein Law Office | Aug 16, 2022 | Will Contests
Wills are important estate planning documents that can help ensure your final wishes get carried out. But what happens if someone contests or disputes the will? What is a will contest? A will contest is a legal challenge to the validity of a will. Typically, a will...
Can you use a non-contestability clause in Massachusetts?
On Behalf of Fein Law Office | Jul 19, 2022 | Will Contests
A non-contestability clause in a will states that the decedent will disinherit any beneficiary who contests the will. Other terms for this type of clause are no-contest and incontestability. Limitations of a non-contestability clause Non-contestability clauses may...
How to challenge a codicil to a will in Massachusetts
On Behalf of Fein Law Office | Jul 1, 2022 | Will Contests
The testator's desires may change after creating a will in Massachusetts. In such an instance, they may need to make another document known as a codicil to express their new wishes, like adding beneficiaries or deleting certain provisions. However, sometimes a...
What are your options if you’re left out of a will?
On Behalf of Fein Law Office | May 19, 2022 | Will Contests
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...
No-contest clauses in wills and trusts in Massachusetts
On Behalf of Fein Law Office | Apr 20, 2022 | Will Contests
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?
On Behalf of Fein Law Office | Mar 23, 2022 | 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?
On Behalf of Fein Law Office | Mar 9, 2022 | Will Contests
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...
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