Detailed Answer
Short summary: In Massachusetts, you can take several concrete steps to protect an inheritance if a family member contests the estate. Act quickly to preserve assets, document the decedent’s intent, and use the Probate and Family Court processes (or alternative dispute resolution) to resolve the contest. This article explains how probate works in Massachusetts, what a will contest looks like, practical steps to protect assets, and when to hire a probate attorney.
How probate and will contests work in Massachusetts
The Massachusetts Probate and Family Court supervises estate administration and will contests. The court decides whether a will is valid and how assets distribute. For general information about the court and filing procedures, see the Probate and Family Court’s official site: Massachusetts Probate and Family Court. The state’s statutes governing wills, estates, and probate procedures appear in the Massachusetts General Laws, Chapter 190B: M.G.L. Chapter 190B.
Common grounds for contesting a will
- Improper execution (did the will satisfy statutory formalities?)
- Lack of testamentary capacity (did the decedent understand the nature of their act?)
- Undue influence or coercion (was the decedent pressured?)
- Fraud (was the will procured by false statements or forged?)
Key steps to protect an inheritance when a family member contests
- Act immediately to preserve assets. Ask the personal representative (executor) or the court to secure bank accounts, real estate, safe deposit boxes, and investments. Freeze transfers that might deplete the estate. If you are the personal representative, petition the Probate and Family Court to inventory and safeguard estate assets. See Probate Court resources and forms: Probate & Family Court forms.
- Confirm the probate filing status. Determine whether the will has been admitted to probate. If probate is pending or completed, learn the case number and filings so you can review the executor’s inventory, accountings, and petitions.
- Consider filing a caveat or timely response. Historically, a caveat prevents probate until a contest resolves. In modern practice, contact the Probate Court clerk immediately for the correct procedural step for protecting interests and the deadline to file an objection. Missing a court deadline can limit your ability to dispute or defend distribution.
- Gather and preserve evidence. Collect the decedent’s medical records, witness statements, the signed original will (or a certified copy), correspondence, and any documents reflecting the decedent’s intent. Preserve digital evidence such as emails, texts, and social media posts.
- Communicate in writing and keep records. If you discuss settlement, follow up in writing. Keep copies of all receipts, bank statements, valuation reports, and communications with the executor, other beneficiaries, and potential contesting relatives.
- Ask the court for interim relief when necessary. If someone tries to remove funds or transfer property, you can ask the Probate Court for temporary orders: an injunction, a turnover order, or an accounting. The court can order the executor to post a bond or to refrain from certain acts while the dispute proceeds.
- Use alternative dispute resolution when appropriate. Mediation or settlement negotiation often resolves family contests faster and cheaper than a full trial. The Probate Court encourages settlement and may refer parties to mediation.
- File or defend the will contest with help. If you believe the will is valid, a probate lawyer can file pleadings defending it, challenge the validity of a contesting claim, and present evidence. If you think the will is invalid, an attorney can help you gather proof and file the appropriate petition.
Hypothetical example
Jane is a beneficiary under her father’s will. After he died, his sibling files a contest claiming undue influence. Jane asks the executor to freeze large investment transfers, hires a probate attorney, and collects her father’s recent medical records and the witness who was present when the will was signed. The attorney files a timely response in the Probate Court, requests limited injunctive relief to prevent dissipation of assets, and invites the sibling to mediation. During mediation, they settle on a compromise distribution and avoid a contested trial.
What to expect from the court process
Expect initial pleadings, discovery (document exchange and depositions), possible motions for temporary relief, and either settlement or a trial on the merits. The court evaluates evidence of capacity, execution formalities, and any allegation of undue influence or fraud. A trial can take many months; settlement can shorten the timeline and reduce costs.
When to hire a probate attorney
Consider hiring a probate attorney if you face any of the following: contested wills or trust litigation, suspected fraud or undue influence, complex assets (business interests, out-of-state property), potential breaches of fiduciary duty by the executor, or urgent asset preservation needs. An attorney will explain court deadlines, prepare pleadings, pursue temporary relief, and negotiate or litigate on your behalf.
Relevant Massachusetts law and resources
Key legal authorities and resources include:
- Massachusetts General Laws, Chapter 190B (governs wills, probate, and administration): M.G.L. Chapter 190B.
- Probate and Family Court (case filing, local rules, forms, and procedures): Massachusetts Probate and Family Court.
- Probate Court forms and practice information: Probate & Family Court forms.
Bottom line: Act fast to preserve assets, document the decedent’s intent, and consult the Probate and Family Court rules. A timely and well-documented response, plus a probate attorney when necessary, will give you the best chance to protect your inheritance.
Disclaimer: This article provides general information about Massachusetts probate law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a qualified probate attorney.