Contested Wills in Worcester, Massachusetts

Find the right Contested Wills attorney in Worcester, MA

In Worcester, 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.

You should remember that a will contest often 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 Worcester, Massachusetts?

A court in Worcester, 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, 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 significant 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 Worcester, Massachusetts will. What happens to the property that was going to be distributed according to its terms? Generally, 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." Usually, this simply means that the assets will be passed on to their owner's closest living relative, typically 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. Therefore, the old will can be given effect.

Can a Worcester, Massachusetts Contested Will Attorney Help?

Contesting a will can be a convoluted, emotional, expensive, and time-consuming process. There is really no way around this. However, a good Worcester, 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 Worcester

The City of Worchester is the seat of Worchester County, Massachusetts and home to 190,000 residents. As the 2nd largest city in New England after Boston, Worchester is known as the "Heart of the Commonwealth." Consequently, the Worcester City Seal is emblazoned with a heart.

The Worchester City Seal is also appropriate because there are a wide range of health-related businesses and schools in town. UMass Memorial Health Care, University of Massachusetts Medical School, Saint Vincent Hospital, Hanover Insurance, and the Fallon Clinic round out 5 of the top 8 employers in Worchester.

Other businesses, like Polar Beverages who operates two bottling facilities in Worcester, make use of the local staff of lawyers. Worcester lawyers consult clients on a wide range of cases.

Worcester has an abundance of Victorian era mill architecture like at the Jesuit College of the Holy Cross. The college was founded in 1843 and is one of the oldest Roman Catholic colleges in the United States and the oldest in all of New England. Worcester has a number of other universities including Clark University, Worcester Polytechnic Institute, Becker College, Assumption College, and the Massachusetts College of Pharmacy and Heal Sciences that bring a lot of students and tourists to the town.

Additionally, the Worcester Art Museum has famous works by the likes of Rembrandt, Renoir, Gauguin, Kandinsky, and Jackson Pollock on display. The Higgins Armory Museum is an excellent example of Art Deco steel buildings and is the only museum in the Northern Hemisphere dedicated to arms and armor.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH

Gotham Light