Articles on Probate Questions

Can I Challenge a Will or a Personal Representative Appointment in an Informal Probate?

For many people who are involved in estate disputes, such as a will contest or personal representative appointment, their first formal interaction with the dispute occurs when they receive a “Notice of Informal Probate” from the estate’s attorney. The informal…

How Do I Challenge or Contest a Will or Trust in Massachusetts on the Basis of Undue Influence?

Posted by Alan Fanger It is not uncommon for wills or trusts to be made or changed due to undue influence, and fortunately, there are remedies available to challenge such actions and law that can work to the challenger’s benefit….

What is an unnatural disposition?

A prospective client sat in my office a few weeks ago, sobbing uncontrollably. She had just learned that she had been completely cut out of her father’s will. To be sure, her relationship with her father had been difficult—she referred…

Do we have the right to challenge this Will?

Additional Information: My two uncles lived together in Needham, Massachusetts for years. One Uncle has Alzheimers and the other Uncle just died. My sister who has been caring for my Uncle for the last 3 years found a Will leaving…

Challenging a Will in Massachusetts – What is Undue Influence?

A very common legal matter in Probate litigation is a Will Contest. This is when an interested party challenges the validity of a Will. The question of Undue influence often arises — Did someone close to the deceased convince him…

Can I liquidate my trust fund?

Additional Information: Is it necessary to present a compelling need to trustees of trust fund in order to liquidate the trust? Trust language indicates “beneficiary will receive (1)all of the income and (2) so much of the principal as the…

Do you know undue influence when you see it?

As lawyers we throw around the term “undue influence” and often assume that our clients understand what it means. But it’s really a difficult concept to understand and is subject to misconceptions. To that end, I wanted to take this…

Do children of the deceased have a right to view the will and who oversees the executor to make sure he carries out the will?

Additional Information: My mother died last week in Massachusetts. My brother is the executor who refuses to give any information to his sisters. Do the sisters have the legal right to see the will? Do we need a lawyer to…

What is the procedure for determining the validity of a Will in Massachusetts

Attorney Answer: The search for the true “last will and testament” is a classic search for the truth. Just because a will shows up in an attorney’s files doesn’t mean that it is in fact the decedent’s last will. Only…

[shareaholic app="share_buttons" id="21332620"]