Experienced Representation In Probate Litigation
Are you suspicious about your parent’s abrupt or radical altering of the will? Did heirlooms and assets go missing before or soon after your loved one died? Are you and your siblings fending off a dubious claim against the estate?
It may be necessary for a probate court to determine the intentions of your deceased family member. The skilled trial lawyers of Cushing & Dolan, P.C., can capably assert and protect your legal interests in contested proceedings.
We handle probate and trust litigation throughout Massachusetts, representing the named beneficiaries or heirs who believe they were unjustly deprived of an expected inheritance. Please arrange a free consultation.
Contesting A Will In Massachusetts
The most common grounds for challenging the validity of a will or bringing a lawsuit include:
- Undue influence — A sibling, the deceased’s spouse or some other person convinced the deceased to change the will to his or her benefit and the detriment of others.
- Testamentary capacity — The deceased was not of “sound mind and body” to understand what he or she was signing, because of dementia, mental illness, medicated state or other infirmity.
- Formality in execution — The will was not properly signed, witnessed or notarized.
- Fraud or conversion — The signature was forged or coerced, assets were misappropriated, or one or more persons plotted to deprive other heirs of their rightful inheritance.
Will contests may also allege breach of fiduciary duty by the administrator of the estate or trust assets.
Resolve Will Conflicts
Will contests can tie up inheritance for months or years, and pit family against family. We understand the urgency of a decisive resolution, and we are prepared to fight vigorously on your behalf. The court might affirm the most recent will or throw it out in favor of an earlier version. The court might also amend the will to fix a formality dispute, or override the will entirely and apportion assets according to Massachusetts intestacy laws.
Led by founding attorney Leo J. Cushing, our probate litigation practice is well-qualified to litigate on your behalf. Mr. Cushing is a former assistant attorney general and trial attorney for the Commonwealth of Massachusetts, as well as a forensic accountant and CPA with a master’s degree in taxation.