Summary
In Massachusetts, siblings have up to one year to contest a will. Even if they were estranged, they might still contest under claims like undue influence or lack of testamentary capacity. They would need substantial evidence to support such claims. To demonstrate your moms wishes, you should have the original signed will, witness statements, and evidence of her sound mind. Consulting a probate attorney can help you understand the risks and prepare accordingly.Full Conversation
My mom passed and i filed probate and i did not know where my siblings lived plus we dont talk and my mom disinherited them probate court told me i had to find them now how long do they have to contest the will
Hey ****, in Massachusetts, your siblings generally have up to one year from the date of the probate to contest the will.
Do you need any help finding your siblings or understanding the process further?
If they contested the will with being out of my moms life for over 10 years how can the contested it
Hi ****! In Massachusetts, even if your siblings were out of your mom's life for over 10 years, they might still have grounds to contest the will under certain conditions, such as:
- Claims of undue influence
- Lack of testamentary capacity
- Improper execution of the will
Do you need more details on any of these grounds or help with the contestation process?
But they would not know any of that so i am confused on how they can
Hey ****, I understand your confusion. Even if your siblings were out of your mom's life, they might still contest the will if they believe there was undue influence, lack of capacity, or improper execution. The court usually requires substantial evidence for these claims.
Do you need help gathering evidence or understanding these terms better?
So if they been gone that long they would not have any evidence to support there contested
Hey ****, even if your siblings have been out of your mom's life, they might still try to contest the will. However, they would need substantial evidence to support their claims.
Have you considered consulting a probate attorney to help you navigate this situation and gather necessary evidence?
Would i have to worrie about it
Hey ****, given the circumstances, the likelihood of your siblings successfully contesting the will may be low if they lack substantial evidence. However, consulting a probate attorney could help you better understand the risks and prepare accordingly. Would you like more information on finding a probate attorney?
No thank you
You may not need to worry too much if your siblings lack substantial evidence to support their claims. However, it might still be a good idea to stay informed about the process. If you ever change your mind and need assistance, feel free to reach out. Take care!
Ok pls tell me
****, if your siblings don't have substantial evidence to support their claims, the risk of them successfully contesting the will is lower. However, it's always a good idea to stay informed. If you ever need legal advice or change your mind, feel free to reach out. Take care!
What proff do i need to provide
To contest a will, your siblings would generally need to provide evidence such as:
- Medical records indicating lack of testamentary capacity.
- Witnesses or documents suggesting undue influence.
- Proof of improper execution (e.g., lack of proper signatures).
Do you need guidance on how to gather your own evidence to defend against a contestation?
What proof do i need to show her wishes
To demonstrate your mom's wishes, you generally need:
- The original, signed will.
- Witness statements confirming her wishes.
- Evidence she was of sound mind (e.g., medical records).
- Any previous written communications or records indicating her intentions.
Do you need help gathering these documents?
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