Contested Wills in Methuen, Massachusetts

Find the right Contested Wills attorney in Methuen, MA

In Methuen, Massachusetts there are specific procedures authorizing certain people to challenge the validity of a will. This is identified as a "will contest" or "contested will."

Sometimes, testators leave out of their wills people who might naturally expect to inherit a substantial 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 considerable 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 Methuen, Massachusetts?

A court in Methuen, 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, a will obtained through duress (a threat of harm, typically 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. However, 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.

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 Methuen, 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, typically 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. Normally, 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 Methuen, Massachusetts Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a knowledgeable Methuen, 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 Methuen

Methuen, Massachusetts is a city in Essex County. It has a population of approximately 45,000 people.

The city was founded in 1642, around the time when England was working very hard to colonize North America, particularly the region now known as New England.

Methuen is located about 30 miles away from Boston, making that city easily accessible for people who live in Methuen, but work in Boston, or who simply want to visit the city.

Methuen boasts a large historical district, which contains many important historical landmarks. The district was created in 1992 to preserve the "Searles Tenney Nevins Historic District" because it was viewed as one of the most distinctive neighborhoods in Massachusetts, and worthy of preservation. Visitors and residents alike are to visit many points of historical interest, such as the music hall, memorial library, and the Urias Hardy House.

Methuen has an active legal community, which is always ready to serve the legal needs of Methuen, Massachusetts residents. Methuen, Massachusetts lawyers can probably handle nearly any case that a resident of Methuen might have.

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