Legal Question in Wills and Trusts in Massachusetts

will-contesting

is there a time limit on contesting a will ,all paperwork was filed and executor appointed 7 months ago


Asked on 6/28/09, 10:04 am

2 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: will-contesting

Yes, the time limit is usually 30 days from notice og the petition for probate unless there was fraud or some other reason an objection could not have been timely filed. If you think the exceptions may apply retain an attorney. Good Luck!

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Answered on 6/28/09, 2:27 pm
Alexandra Golden Golden Law Center

Re: will-contesting

Yes, with extremely rare exceptions, there is a time limit, because the law wants to encourage the efficient administration of estates. When the beneficiaries in the Will and the next-of-kin are notified that the Will has been filed, they are given a deadline in the notice by which they must file an "appearance," and then 30 days after that to file the list of specific objections. If these deadlines are not followed, the will should be allowed and the executor appointed.

The only exceptions to these rules are for exceptional circumstances -- like the objecting person was hospitalized and unable to respond or if one can prove that notice wasn't given and you only found out about the existence of the Will; or that some fraud in making the will which was unknown at the time of the decedent's death has only come to light MONTHS later. If these claims turn out to be false, the person making them can be charged with attorney's fees and costs incurred in defending the will.

I STRONGLY advise you to meet with an attorney to discuss your concerns before moving forward with any claims.

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Answered on 6/28/09, 10:33 am


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