Contested Wills in Randolph, Massachusetts

Find the right Contested Wills attorney in Randolph, MA

In Randolph, 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 Randolph, Massachusetts?

Courts in Randolph, Massachusetts will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are normally made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Additionally, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or 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.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Randolph, Massachusetts, and held to be invalid, this typically results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Randolph, Massachusetts Contested Will Attorney Help?

Contesting a will can be a complicated, emotional, expensive, and time-consuming process. There is really no way around this. However, a knowledgeable Randolph, Massachusetts wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in Randolph

Town of Randolph is a city in Norfolk County, Massachusetts. Some folks may be interested to find out that the word "town of" is in Randolph's official name. The decision was made during the time it incorporated as a city in 1793. It was also when the motto "say what you feel" became the motto. Randolph is located in the Greater Boston Area and is directly connected to the Boston by major highways like Interstate 93 and US Route 1, rail lines like the Middleboro line to Boston, busses, and the Norwood Memorial Airport. Most Randolph residents use Logan International Airport for their air travel because it is a major hub and flights can cost less. Randolph plays host to a growing community of Boston professionals like lawyers. Randolph lawyers are licensed to practice throughout Massachusetts and know the rigid court procedures of county, state, and city courts.

Many families select Randolph for its schools system that offers kindergarten through high school. Students entering ninth grade may select to attend Blue Hills Regional Technical School or Norfolk County Agricultural School. They're referred to as "Blue Hills" and "Aggie," respectively. Randolph has notable residents like bandleader and producer Danny Davis, rap dj and producer Clinton Sparks, painter and sculptor William Rimmer, NHL Hall of Famer Rod Langway, and author Mary. E. Wilkins Freeman. Town of Randolph is a popular city with lots of great restaurants.

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