Contested Wills in Cambridge, Massachusetts

Find the right Contested Wills attorney in Cambridge, MA

In Cambridge, Massachusetts there are certain procedures allowing certain people to challenge the validity of a will. This is known as a "will contest" or "contested will."

Sometimes, testators leave out of their wills people who might naturally expect to inherit a significant 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 large 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.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause severe and irreversible damage to family relationships.

When Can a Will be Contested in Cambridge, Massachusetts?

A court in Cambridge, Massachusetts will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

If the contest is successful, a court in Cambridge, 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, usually 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. Typically, 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 Cambridge, Massachusetts Contested Will Attorney Help?

Contesting a will is often difficult, and never fun. However, the whole process can be made more bearable if you have the help of a qualified Cambridge, Massachusetts attorney, and the process will probably be much more manageable.

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

Life in Cambridge

Cambridge is part of the Greater Boston area. It is home to famous universities such as Harvard University and Massachusetts Institute of Technology. Cambridge is home to around 105,162 people. It is the fifth largest city in Massachusetts.

Top employers include both Harvard and Massachusetts Institute of Technology, Mount Auburn Hospital, Biogen Idec, Genzyme, Novartis, and the Charles Stark Draper Laboratory. Many attorneys also live in or near Cambridge. Boston is home to many top-rated multinational law firms. There are also many small to mid-size law firms there as well. These firms train their attorneys to be the best and to succeed in winning any and every case, no matter how complicated the legal matter is.

Being such a historic place, there are any museums to visit in Cambridge. Popular attractions include the Harvard Art Museum, the Busch-Reisinger Museum, the Fogg Art Museum, the Arthur M. Sackler Museum, the Harvard Museum of Natural History, the Peabody Museum of Archaeology and Ethnology, Semitic Museum, MIT Museum, and the List Visual Arts Center at MIT.

Cambridge, with its historical influence, also has many wonderful buildings to visit and tour that depict beautiful architecture. Such buildings include the Asa Gray House, Elmwood House, the First Parish in Cambridge, Harvard Lampoon Building, Urban Rowhouse, and Memorial Hall at Harvard University.

Overall, Cambridge is a wonderful place to visit or call home.

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