Massachusetts Probate: What to Do If You Disagree with the Will

Probate in Massachusetts is a legal process that validates a deceased person's will and distributes their assets. However, disagreements regarding a will can arise among family members, beneficiaries, or other interested parties. Knowing what to do if you disagree with the will is crucial to protect your rights and interests.

First, it's essential to understand the grounds for contesting a will in Massachusetts. You can challenge a will based on:

• Lack of Testamentary Capacity: The testator must have been of sound mind when creating the will. If you believe they were not mentally competent, you can contest the will.
• Undue Influence: If the testator was pressured or manipulated into signing the will, it may be deemed invalid.
• Improper Execution: Massachusetts law requires specific formalities for a will to be valid, including being in writing and signed by the testator and witnesses.
• Fraud: If the will was created or altered through deceitful means, it can be challenged.

If you believe you have valid grounds to contest a will, the next step is to file a formal objection in the probate court where the will is being probated. The objection must typically be filed within a limited time frame, so acting quickly is essential. In Massachusetts, this time frame is generally within one year of the testator's death.

Once you file your objection, you'll be required to attend hearings, during which evidence will be presented. It’s advisable to gather supporting documentation and witness testimony to strengthen your case. Having an experienced probate attorney can significantly enhance your chances of success, as they can help navigate the legal complexities of the probate process.

In some instances, parties may reach a settlement agreement outside of court, which can save time and reduce costs. Discussions about the will's contents and intentions can sometimes lead to a compromise that satisfies all parties involved.

It's also important to remember that Massachusetts has a legal preference for the wishes of the deceased as outlined in their will. As such, challenges may be scrutinized carefully by the court. Therefore, presenting a strong and compelling case is crucial.

Additionally, if you're a beneficiary and have concerns about the execution of the will, you have the right to request information regarding the estate's management and distribution. An attorney can facilitate communication between you and the executor, ensuring transparency during the probate process.

In summary, if you disagree with a will in Massachusetts, gather evidence, understand your legal standing, and consult with a probate attorney to explore your options. Contesting a will can be a complex and emotionally challenging process, so having professional guidance is invaluable.