Contested Wills in Lynn, Massachusetts

Find the right Contested Wills attorney in Lynn, MA

In Lynn, 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."

Occasionally, 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 instance). 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.

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

When Can a Will be Contested in Lynn, Massachusetts?

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

For instance, 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.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Essentially, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a legitimate will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

If the contest is successful, a court in Lynn, 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 Lynn, Massachusetts Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a reputable Lynn, 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 Lynn

Lynn, Massachusetts is a medium-sized city of about 88,000 people, located in Essex County. Lynn is a significant urban center in its own right, but it is also very close to Boston, allowing residents of the respective cities to commute between them easily.

Lynn was founded in the 1600s, and quickly became a major regional center for leather tanning and shoemaking. Growing from this early industry, Lynn became a major center for manufacturing during the industrial revolution, and this continued well into the 20th Century. However, as with many American cities built on industry, much of the industry that built Lynn has moved elsewhere.

Lynn, Massachusetts is currently working very hard to redevelop itself, and create a new economic base to replace heavy industry.

Lynn is home to Lynn Woods, the largest municipal park in New England, and a popular destination for visitors. It is also home to Lynn Beach, which is an attraction for nearby residents.

If you live in Lynn, Massachusetts and need a lawyer, chances are good you'll be able to find one, thanks to Lynn's size and proximity to a major city, the legal community in Lynn is quite robust. Lynn, Massachusetts lawyers can help you with whatever legal problem you might have.

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