Will Contests

An estate plan provides the legal framework for managing assets during incapacitation and upon death. Some people want to ensure that no one will try to challenge their final wishes.  Therefore, they include a ‘no-contest’ clause in their will. What is a ‘no-contest’...

Being the personal representative (executor) of someone’s estate is never a job that’s free of complications. When you’re named by a loved one or close friend to be their executor, it’s because they believe you’re able to handle the job responsibly.  When the time...

Undue influence occurs when someone exerts pressure on the person making or revising a will, causing them to make unusual, even suspicious, asset dispositions or other changes. You can contest a will in Massachusetts, but proving undue influence can be challenging to...

If you are included in an estate plan as a beneficiary or an interested party, you may obtain all relevant information from the personal representative/executor. Firstly, they may notify you that you have been named in the will and it has gone to probate. ...

Probate litigation related to concerns about the validity of a will are somewhat common. The surviving family members of individuals who die sometimes take issue with the contents of a will. They may suspect fraudulent changes to the document or may believe that a...

An executor of an estate is a role given to someone by the testator to act out the testator’s last wishes and settle the estate. The executor is bound by their fiduciary duty. What this means is that the executor must always act in the best interests of the estate. ...

Estate planning documents, such as wills and trusts, can ensure that assets go to the right people or organizations upon a person’s death. Power of attorney documents can ensure that an individual's medical wishes and financial resources are protected.  Nonetheless,...

A well-crafted will ranks among the most crucial documents you'll ever create. It empowers you to clearly communicate your desires for your estate's distribution after you're gone. However, there are circumstances under which well-intentioned family members might...

Estate litigation is a legal process that families sometimes must navigate in the wake of a loved one's passing. It involves the challenging of a will, trust or the administration of an estate.  Understanding the common reasons why families file estate litigation is...

People in Massachusetts prepare wills to explain how they want their money and possessions distributed among beneficiaries. In some situations, one or more people or entities may contest a will when they think that they have been unfairly excluded or have other issues...