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Is anyone familiar with, or do you have expertise in, Wills and Probate? |
I am wondering how long one has to contest a will? And if that time has already elapsed, would consideration be given to information discovered after the fact? Unfortunately, your time to contest a will has probably already run. Further, it is within a father's right to not leave anything to his children. I'm not sure what a lawyer drafting a will has to do with a lawyer "signing off on [a] mortgage" and I'm not even sure what you mean by the lawyer signing off on the mortgage. I am pretty sure that your time to contest the will has already run. In order to contest the will you'd have to show lack of competence, fraud or undue influence by someone (that your father was defrauded or that he was not competent to make the will or that he was unfairly or wrongly influenced or pressured into making the will). You should double check this with a lawyer in Massachusetts, many of them will do a free consultation. In Massachusetts, any person who has filed an "appearance" with the Probate Court has thirty (30) days from the "Return Date" within which to file a challenge to the will. The Probate Court has discretion to extend this period. Such a challenge must be in the form of an affidavit that sets forth specific facts and grounds upon which the challenge is based. An order of the Court admitting a will to probate can be reversed if proceedings for such a reversal are commenced in a timely manner. |
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If your father died with a will, (that is, testate), then the lawyer for the executor needs your address to send you notices of the probate proceedings. The executor will file a petition for eit... it depends on the persons assets / property and also how many other parties are involved. it's not straight forward and takes longer the more people involved ...... Try:www.policelaborlaw.com/Massachusetts... - ...You really need to consult a lawyer. As I see it, the sister as the executrix, is charged with carrying out the instructions in the will. Nothing more. As you have durable power of attorney, you ... First, I'm confused about your wife's relationship to the man who passed away. If he was her "father-in-law", wouldn't that make him your father (your parents would be her... By signing a Waiver of Process; Consent to Probate, you agree that there does not need to be a hearing before a judge before the will could be admitted to probate at which time it becomes fqr more ... Oh Yeah, we had a case where the man had been married 4 times, he never made out a will till he married the last very young beauty,......he gave her everything, but, she made the mistake of signing... |
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