Legal Question in Wills and Trusts in Massachusetts

Hi -

If there is no Will and no surviving spouse, children will inherit equally from a deceased parent. However, if there is a Will, the terms of the Will generally control unless there are reasons to believe that either (1) the person making the Will was not competent when she signed the Will, or (2) the person making the Will was unduly influenced by another to make a Will that did not reflect her true intentions. In your case, if the Will specifically excludes you and you were estranged from your mother, is there a reason to believe that this was error? If so, you MAY be able to contest, although these are difficult cases. If not, you may not have any recourse. I'm sorry -

Attorney Harvey's explanation is absolutely correct. If the Will left the property to your brother, then you are not likely to recover absent a basis to prove there was undue influence or there was an error. If you were estranged from your mother I doubt there is a strong basis to contest the Will. Not only are these cases difficult they are expensive.