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...
Will Contests
4 common reasons why families engage in estate litigation
On Behalf of Fein Law Office | Jan 31, 2024 | Will Contests
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...
Will contests require identifying all interested parties
On Behalf of Fein Law Office | Dec 5, 2023 | Will Contests
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...
Why families may suspect undue influence has impacted an estate plan
On Behalf of Fein Law Office | Nov 30, 2023 | Will Contests
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...
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...
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