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.
10/08/2009 |
Category: Wills and Es... ยป Will Contests |
State: Massachusetts |
#18993
Most of the time a will goes through probate without a problem. When the will is presented to the probate court, notice is sent to each of the name heirs. It is possible to contest a will or challenge its validity before the probate court if it is believed that the will was not written correctly.
Typical grounds or reasons for the challenge would include undue influence, fraud, mistake, or loss of mental capacity of the testator (deceased). In Massachusetts, Probate Court Rule 16 requires anyone contesting a Will to file an affidavit of objections "stating the specific facts and grounds upon which the objection is based."
The process of challenging the will can be quite complicated as it requires careful examination of the facts surrounding the execution of the will. It may be beneficial to discuss the particular facts of your situation with a local attorney experienced in probate matters.
It may also be possible to challenge actions of the executrix (who is not the official executrix until appointed by the probate court after the will is presented). Executors, as fiduciaries, must observe a strict standard of care in carrying out their duties and protecting Estate assets. Any breach of that standard of care can be raised with the probate court.
