Contested Wills in Leominster, Massachusetts

Find the right Contested Wills attorney in Leominster, MA

In Leominster, Massachusetts there are particular procedures permitting certain people to challenge the validity of a will. This is recognized as a "will contest" or "contested will."

Sometimes, testators leave out of their wills people who might naturally expect to inherit a considerable portion of the testator's estate (spouses and children, for example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If there is a massive amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

When Can a Will be Contested in Leominster, Massachusetts?

There are several reasons that a Leominster, Massachusetts court might hold a will to be invalid.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

A will can also be rejected because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for example) at the time the will was made, the will can still be invalidated.

If the contest is successful, a court in Leominster, Massachusetts might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, normally passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Usually, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Leominster, Massachusetts Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a brilliant Leominster, Massachusetts attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Leominster

Leominster, Massachusetts is a cityin Worcester County, and has a population of about 42,000 people.

Prior to settlement of the Leominster area by Europeans, the area had been inhabited by various Native American tribes for thousands of years, and like most cities in the New England region, it was settled by Europeans in the mid-1600s.

As Leominster began to experience industrial growth in the 19th and 20th centuries, it became a major center for the manufacture of plastics, and various plastic products. Interestingly, this has its origins in the 1700s, when Leominster was a major center for the comb industry, with fine combs originally being made of whale baleen. The industry quickly transitioned to using plastic as soon as it became available, and helped to develop many new formulations of plastic, some of which are still in use.

As with many cities which saw industrial development in the 19th century, Leominster's industrial character has begun to decline. However, Leominster is still home to many businesses and schools.

If you live in Leominster, Massachusetts and need an attorney,chances are good that you'll be able to find one. Leominster, Massachusetts lawyers are able to hand many different kinds of cases. If you need legal help, you should call a Leominster, Massachusetts lawyer as soon as possible.

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