Contested Wills in Medford, Massachusetts

Find the right Contested Wills attorney in Medford, MA

In Medford, 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."

Occasionally, 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 instance). 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, 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 Medford, Massachusetts?

A court in Medford, 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, a will obtained through duress (a threat of harm, normally physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. Nonetheless, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a legitimate will, the individual making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

So, you've succeeded in contesting the validity of a Medford, Massachusetts will. What happens to the property that was going to be distributed according to its terms? Typically, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Thus, the old will can be given effect.

Can a Medford, Massachusetts Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a seasoned Medford, 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 and Estates Law Attorney now!

Life in Medford

Medford is a city in Middlesex County, Massachusetts. It has a population of about 55,000 people.

The first European settlement in the area now known as medford was in 1630, when the area was still part of Charlestown. The town grew slowly but steadily over the next few hundred years. After 1880, the population began to explode, coinciding with the industrial revolution. The expansion in population led to the creation of new government services, such as gas, electricity, and water, along with public schools and a dedicated police department.

While working as a social worker in the 1920s, Amelia Earhart lived in Medford, and there are several memorials and historic sites dedicated to her, including the house in which she lived during her tenure in the city. Medford was also home to the man credited with inventing the roller skate.

Modernly, Medford is home to Tufts University, an extremely well-regarded research university. While once considered a "safety school" for students applying to Harvard, Tufts has become a destination school in its own right, in some niche fields of study.

If you live in Medford, Massachusetts, and need a good lawyer, chances are good that you'll be able to find one. With its diverse and vibrant population, Medford, Massachusetts lawyers have evolved in kind.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH

Gotham Light