Full question:
My Aunt who resided in Massacusetts, passed away and named me as one of her heirs in her will. In her will she left about half a million to charities. Just before her death she wrote out checks for half a million dollars to these same charities, planning to remove these charities from her will, which she did not do before she died. She died suddlenly from a stroke. The executrix, her sister is saying that thier won't be any money left for the any of the other heirs after the charities are paid. As far as I know the will hasn't gone to probate yet. At least I haven't recieved any notice. The excutrix has claimed and is driving a $40,000 car that my Aunt bought about a month before her death. She has been evasive when questioned by other family members and executor B, my older brother, about how exactly that car belongs to her. My deceased aunt's husband passed a year and a half before her and also died suddlenly from a stroke. He always handled all their financial matters and quite suprisingly to the rest of the family, left her with quite a financial mess to sort out. She had no experience in these matters and didn't really have a clue what she was doing. She was 71 and she battled lupus for forty years and at times because of this disease, she was really quite out of her mind. What are my chances of contesting the charities portion of the will, because I know she did not intend to give all her money to charity and essentially by her mistake she will end up giving double the amount she intended to give to charity.
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: Massachusetts
Answer:
Generally, a will goes through probate without issues. When the will is submitted to probate court, notice is sent to all named heirs. You can contest a will if you believe it was not executed properly. Common reasons for contesting include undue influence, fraud, mistake, or lack of mental capacity of the deceased. In Massachusetts, Probate Court Rule 16 requires anyone contesting a will to file an affidavit of objections, detailing the specific facts and grounds for the challenge.
Challenging a will can be complex and requires careful examination of the circumstances surrounding its execution. It may be wise to consult a local attorney experienced in probate law to discuss your situation. Additionally, you might be able to challenge the actions of the executrix, who is not officially appointed until the probate court approves the will. Executors have a fiduciary duty to manage estate assets responsibly, and any breach of that duty can be raised in probate court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.