Learn about the differences between these two probate classifications, and see whether the probate of your loved one may qualify for the expedited informal probate process.more...
Hingham Will Contest Lawyer & Probate and Trust Dispute Attorney
As an experienced will contest lawyer and probate and trust dispute attorney serving Hingham and the surrounding communities, I have years of experience helping clients in will contests, trust disputes, and probate challenges in matters concerning:
- Seeking to invalidate (or uphold) a will
- Determining the intent of ambiguous will provisions
- Bringing actions against (or defending) trustees
- Challenging (or defending) the appointment of a personal representative
- Other estate administration matters.
If you are in need of experienced, pragmatic, and affordable representation for a will contest, probate, or trust dispute matter, please call our office for a free consultation!
On What Grounds Can I Challenge a Will?
A will may be challenged on a number of grounds, including the following:
- Undue influence
- Lack of capacity
As a will contest lawyer, I can explain your legal options in simple terms and tenaciously work in preparing a strategy that is in your best interests. Call today to schedule a free consultation to learn how we can help you protect your interests!
Who Can Challenge Will Matters in Massachusetts?
In Massachusetts, any interested person may contest a will, including:
- A spouse; or
- Another person potentially having a property right in or against an estate.
Who Can Challenge Trust Matters in Massachusetts?
A trust is a legal arrangement in which an individual (known as a grantor) designates another person (known as a trustee) to hold, manage, and distribute property on behalf of third-party beneficiaries. A grantor establishes the terms for managing trust assets through a written agreement, and the trustee’s role is to fulfill these directives.
Trust challenges typically are brought by the beneficiaries of a trust on the grounds that the trust is not being administered properly. For example, the beneficiaries may challenge trustee payments, or claim that a trustee is mismanaging assets. In other cases, beneficiaries may seek additional payments or allege other claims.
As a trust dispute attorney with years of experience, I represent both beneficiaries and trustees. If you are in need of a Hingham trust dispute attorney to assert your rights as a beneficiary or to defend your actions as a trustee, please contact me for a free consultation.
Why Would Someone Challenge a Probate Administration?
Probate administration challenges typically involve two primary concerns, appointment of a personal representative or the management of an estate’s assets.
The first ground concerns the official appointment of the Personal Representative. For example, there may be numerous reasons that an individual in a will should not be allowed to serve as a Personal Representative. Our firm helps interested parties in challenging (or defending) the appointment of a Personal Representative.
The second ground concerns the management of an estate by a Personal Representative. In some cases, a Personal Representative may not adequately fulfill their duties. Alternatively, they may engage in behavior that favors their own interests (or that of their family members) over other heirs. We also represent beneficiaries in seeking to challenge estate administration, as well as defending against allegations of improper administration.
What Are the Grounds to Challenge a Will or Trust in Massachusetts?
Will and trust challenges are numerous, and may focus on one or more of the following factors:
- Undue influence. Undue influence can occur in many ways, and involves circumstances where an individual (who stands to benefit from proceeds) improperly causes a person to execute a trust, will, or other legally-binding agreement or to transfer property against their free will and contrary to their own wishes.
- Coercion & Duress. When a person is threatened or coerced into executing a will or trust, this may be duress.
- Fraud. Fraud may occur when a person executes a legally binding document without knowing what they are signing or does so based upon a false representation of fact.
- Incapacity. If an individual is mentally incapable of understanding the terms of a will or trust, they likely do not have the capacity to enter into such an agreement.
- Invalid Purpose. In some cases, a trust is established to accomplish a specific purpose, but it no longer serves such purpose.
- Ambiguous language. When language is subject to multiple interpretations, a beneficiary may petition the court to make a determination regarding the grantor’s intent.
Schedule a Free Consultation with an Experienced Hingham Trust and Will Contest Lawyer
Massachusetts trust and will contest attorney Anthony Gemma has years of experience helping beneficiaries navigate challenging estate contests. When you schedule a free consultation, he can listen to the facts of your case, answer your questions, and explain your rights and options for petitioning for a will, trust, or probate administration contest.
If you desire to challenge the provisions of a will, trust, or probate administration, or if you need representation against a false claim or accusation, we can help. Call today for a free consultation to learn how we can tenaciously fight to protect you and your loved ones’ rights.
The firm will not take any action on your behalf unless and until a written agreement for representation is signed by the firm.
Gemma Law Office News & Information
When estate planning is being undertaken at the same time that a person is separated or getting a divorce, it is critical that the person engaging in estate planning fulfill their other obligations concerning asset disclosure in connection with the divorce or separation. A person may not simply shield their assets from a divorce by creating and transferring their assets to a trust, or otherwise giving away assets.more...
If a will is not valid, a person will be deemed to have died “intestate”, and property will be distributed according to state intestate laws. Learn what you need to do to prevent this outcome.more...