Contested Wills in Saugus, Massachusetts

Find the right Contested Wills attorney in Saugus, MA

In Saugus, 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."

Sometimes, 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 example). 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.

You should remember that a will contest commonly results in adversarial legal proceedings, which can be very contentious. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Saugus, Massachusetts?

There are several reasons that a Saugus, Massachusetts court might hold a will to be invalid.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise considerable initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

So, you've succeeded in contesting the validity of a Saugus, 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 If there is a previous will, which was revoked by the invalid will, a court might revive the old will.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 Saugus, Massachusetts Contested Will Attorney Help?

Because a will contest can sometimes involve perplexing legal and factual questions, as well as some very raw emotions, a skilled Saugus, 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 Saugus

Saugus, Massachusetts is a city in Essex County. It has a population of about 26,000 people, and is part of the greater Boston area.

Saugus was first settled by Europeans in 1629, during the main boom of colonization of New England. The settlers then founded the Saugus Iron works, which operated from 1646 to 1668, which was the first integrated Iron Works in North America. The original site of the iron works is now in the National Register of Historic Places.

What is now U.S. Highway 1 goes through Saugus, and was built in 1806, making it one of the first public roads in the U.S. With the advent of automobiles, this pre-existing road was widened, and during the early history of the automobile, Saugus was an important center for the early adopters of the technology.

Modernly, Saugus is somewhat of a suburb of Boston, but it has definitely retained its own distinct character and lifestyle, and has a quiet, small town feel to it. This means that people who prefer this lifestyle, but have a job in the larger city of Boston, or simply like to visit the city sometimes, can have the best of both worlds.

If you live in Saugus, Massachusetts, and are in need of legal counsel, you shouldn't have any trouble finding him or her. A Saugus, Massachusetts attorney can solve just about whatever legal issue you might face.

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