Probate Litigation and Will Fights

Upon a person’s death, the property and assets of the decedent pass under a last Will and Testament or under the laws of intestacy. The probate court that will be responsible will likely be the county where the deceased resided at time of death. Thus if the deceased lived in Essex County or Middlesex County, that respective County Probate Court will be responsible to handle the administration of the Estate.

When there is a Will the beneficiaries may agree or disagree as to the distribution of the assets. When there is no Will the family members may agree or disagree on the ownership of the property of the deceased. Even when there is a Will, people not expressly named as beneficiaries may claim that they have rights or entitlements to the estate. Any of these circumstances may result in probate ligation and Will fights.

As baby boomers age and pass on and with the growing number of blended families, probate litigation is more common than ever. Wealth is passed from one generation to another and amongst surviving family members and fights over inheritances are on the rise.

At Wacks & McHale PC our attorneys are experienced in the current laws and procedural rules that affect the rights of claimants to estates. We can advise you as to your rights and as to the best method to obtain your value from an estate.

At Wacks & McHale we are experienced in representing families, children, heirs, fiduciaries and creditors of an estate, involving probate litigation, including:

  • Contested Wills
  • Contested Conservatorships
  • Determination of Consanguinity and Heirs
  • Validity of Signatures and Witnesses to Wills
  • Mental Capacity of the Testator
  • Authenticity of Signatures
  • Undue Influence and Mental Capacity
  • Demands for an Accounting
  • Removal of Fiduciary
  • Partitions of Real Estate

The Probate Court has complicated rules. The attorneys at Wacks & McHale PC are familiar with the current rules and have effectively represented clients under the recently enacted Massachusetts Uniform Probate Code. The MUPC has done away with years of longstanding rules and decisions that affect probate and the rights of decedents and heirs and survivors. For example, Executors are a thing of the past, today they are Personal Representatives. The timing and deadline for filing Wills and submitting inventories and financial accountings has shortened and changed. Pursuing a claim against an estate has been significantly revised. The attorneys at Wacks & McHale PC can assist you with these issues and many more involving Will fights.

At Wacks & McHale PC we have the experience and skill to represent clients on complex probate and Will litigation. With our extensive probate courtroom experience our clients can be confident that we will work together to obtain a proper and just result.

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