An estate plan provides guidance concerning when families must distribute the property of someone who has recently died. Wills and other testamentary documents can clearly outline which beneficiaries should receive what assets. A testator may also provide instructions...
Will Contests
Should bequests to adult children be divided equally?
On Behalf of Fein Law Office | Apr 14, 2023 | Will Contests
Whether someone is creating a will for the first time or updating an existing document, there are some things to consider when finalizing last wishes and bequests. Under the elective share statute, people in Massachusetts cannot completely disinherit a spouse....
Suing a trustee in Massachusetts
On Behalf of Fein Law Office | Apr 9, 2023 | Will Contests
A trust is a legal relationship between three parties: the trustor, which is the person who creates the trust, the trustee and the beneficiary. The trustee is responsible for managing the trust and acting in the beneficiary's best interests. However, sometimes in...
Individuals who can challenge a will
On Behalf of Fein Law Office | Nov 23, 2022 | Will Contests
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"...
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...
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