Contested Wills in Revere, Massachusetts

Find the right Contested Wills attorney in Revere, MA

In Revere, 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 Revere, Massachusetts?

Courts in Revere, Massachusetts will not let a person contest a will unless they have an excellent reason. There are, nonetheless, 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 usually 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. Further, 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 denied 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 instance) at the time the will was made, the will can still be invalidated.

If you successfully contest the will in Revere, Massachusetts, the court will likely distribute the property as if the decedent had died without a will. This usually involves giving it to the closest living relative. While the exact intestacy schemes (the order in which property is distributed to relatives) vary from state to state, they are usually pretty similar. If possible, the property will go to the decedent's spouse, and if the decedent has any minor children with that spouse, it is with the understanding that the money will be used primarily for their care. If the decedent did not have children or a spouse (or outlived them), the property typically goes to the decedent's parents. If neither of them are alive, it goes to grand children, grandparents, or siblings. After that, it typically goes to cousins, nieces/nephews, step-children, former spouses, etc. Intestacy laws provide a line of succession long enough that just about anyone will leave at least one person behind who is entitled to inherit from them, even if they're an extremely distant relation. Sometimes, however, people make multiple wills, to account for the many personal and financial changes that normally happen during a person's life. Normally, the most recent will purports to revoke all past wills, to avoid any conflict between them. In such cases, if a will is entirely invalidated, a court can sometimes revive the second most recent will.

Can a Revere, Massachusetts Contested Will Attorney Help?

Because a will contest can sometimes involve confusing legal and factual questions, as well as some very raw emotions, a skilled Revere, Massachusetts attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Revere

Revere is a Suffolk County city that is named after the famous American patriot Paul Revere. Revere is positioned near some other great suburbs as well as the Atlantic ocean to the east. There are a total of 10 square miles that make up Revere and 4.1 of them are open water and wetlands.

About 70% of the usable land is devoted to housing and there are 56,770 Suffolk County residents living there. It was originally settled in 1630 and was incorporated as a city in 1846. The City of Revere is well connected by the MTBA Blue Line, in fact, it's the very last stop. The line connects to Wonderland, Revere Beach, and Beachmont.

Revere Beach is the oldest public beach in the United States and has a thriving beachfront shopping and dining district. During the summer, tourists love to go to the beach and eat at the nearby restaurants. Wonderland Greyhound Park has been offering gambling on greyhound races since 1935 but has recently shut down because of the September 18th, 2009 ban on greyhound racing.

Notables of the area include singer songwriters Norman Greenbaum and Danielle Miraglia, NFL quarterback Jim Del Gaizo, and soap opera actress Robin Christopher. Chelsea Creek, in Revere, was the location of the first naval battle of the Revolutionary War in 1775. Revere is a bustling city that plays host to a number of businesses and outstanding citizens. Revere's lawyers are familiar with local problems and court procedures. Lawyers in Revere can help do anything from drafting a will or contract to criminal and family matters.

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