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Contested Estates

Estate Planning

While most probate proceeding go smoothly in Massachusetts, there are times when you may need a probate lawyer to represent your interests. In some cases, the person named as the executor or administrator of the will or estate may not operate in a transparent fashion—or at worst, may treat a deceased person’s estate as his or her personal bank account. In other cases, long-simmering family disputes may come to a boil after a parent dies. Sometimes the litigation is the result of a lack of proper estate planning.

Regardless of the type of probate issue you face, our attorneys will aggressively represent your interests. We represent executors and administrators, as well as heirs and beneficiaries.

One of the most common types of probate litigation is the will contest. A person can contest a will for a variety of reasons:

  • The will was not properly written, signed, or witnessed according to Massachusetts law.
  • The testator (the deceased person) lacked mental capacity at the time the will was drafted.
  • There was undue influence on the testator.
  • The will is not lawful. For example, under Massachusetts law, the spouse of the decedent is entitled to one-third of the estate, regardless of whether the will or trust specified a lesser amount.

Probate proceedings can also be disputed if the estate was not properly inventoried or valued.

Our approach in probate litigation is to pick up the phone and talk to the other party. Often, our lawyers can resolve probate issues quickly, quietly, and efficiently through direct negotiations. If negotiations do not work, we will litigate to protect your rights.

If you have concerns about a will, estate, or probate proceeding, contact our probate law attorneys to discuss your rights and options. We represent probate clients throughout Massachusetts and the Greater Boston region. We are conveniently located in Damonmill Square in Concord, Massachusetts.

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