Callahan | Barraco
Callahan | Barraco

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Helping You Navigate Contested Estates In Massachusetts

In Massachusetts, a deceased person’s estate distribution follows a specific order. However, there are instances where the validity of a will is contested.

At Callahan | Barraco, we can help you through every stage of the contested probate in Westborough. We know there’s a no-one-size-fits-all approach, so we provide personalized solutions for each case, and we have more than 100 years of combined legal experience.

What Is The Order Of Inheritance In Massachusetts?

The order of inheritance is determined by whether the deceased left a valid will or not. If there is no valid will, the state follows an “intestate succession” process to distribute the deceased’s estate. This means that the estate is divided among the surviving relatives according to the following specific order:

  • Surviving spouse and children
  • The deceased’s parents
  • The deceased’s siblings, including half-blood relatives
  • The deceased’s grandparents, if they are alive
  • The deceased’s aunts and uncles equally

However, if there are no surviving relatives at any level of inheritance, the estate may transfer to the state.

What Are The Common Grounds For Challenging A Will In Massachusetts?

Contesting the validity of a will is a complex legal process that may necessitate the services of an attorney. Some of the most common grounds for challenging a will in Massachusetts include:

  • Lack of testamentary capacity
  • Undue influence
  • Forgeries or fraud
  • Unauthorized changes
  • Technical insufficiencies

If you believe a will is invalid and wish to contest it, consult our experienced estate litigation attorney. It’s crucial to act swiftly, as there are strict deadlines for contesting a will in Massachusetts and a delay could make it very difficult to claw back any distributed assets.

Callahan | Barraco Offers Attentive Service Throughout Contested Probate

Whether you need a compassionate voice to help you determine how to proceed or a fierce lawyer who won’t back down, we are here for you. At Callahan | Barraco, we will guide you through the process. Call 508-271-7963 today or use our online form to schedule a consultation.