Contested Wills in New Bedford, Massachusetts

Find the right Contested Wills attorney in New Bedford, MA

In New Bedford, 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.

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 New Bedford, Massachusetts?

A court in New Bedford, 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 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.

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. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid 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 New Bedford, 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 New Bedford, Massachusetts Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a good New Bedford, 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 New Bedford

New Bedford, Massachusetts houses a population of over 100,000 residents. And that's not all New Bedford is home to, the city is also the number one fishing port in America, in addition to being the world's most famous whaling era seaports. The strategic locationright onthe water makes the city a natural seaport, and wonderful place for the commercial or leisure fisherman to take advantage of.

In addition to many parks and shops located in the city's historic district, New Bedford has whaling museum to commorate the city's role in whaling. Fishing and manufacturing are the two largest industries in New Bedford, although tourism is also on the rise.

New Bedford is also home to some of the state's top lawyers. New Bedford lawyers and other professionals enjoy the wonderful work and lifestyle that the east coast city has to offer, and are trained to assist their client in any issue he or she may find themself facing. New Bedford's location fifty one miles south of the state capital of Boston, makes it a very easy city to visit and enjoy. New Bedford also enjoys a thriving arts and music movement in recent times, that is home to many lively festivals and concerts for their residents and visitors to take part in.

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