When can someone contesta Will?

UPDATED: Mar 6, 2012

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When can someone contesta Will?

My dad worked for a man for 21 years as a handyman/property manager (unpaid) on his house and two other houses that he rented out. He also invested his own money on most of the repairs. He did so with the understanding that when the owner died, the property would be his. It was agreed by both parties that as long as the owner was alive he would be receiving the rental income to survive on. The property was owned by a cousin and the property abuts our own property. 6 months ago the Will was changed by the now deceased, to a woman who was hired to take care of him, and her neglect caused him to fall and break his neck. Should my dad contest the Will or make a claim against the estate?

Asked on March 6, 2012 under Estate Planning, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the situation.  There are a lot of issues going on here and I can only touch on them.  You needd to seek legal help in your area.  First, if the Will was changed 6 months ago to leave everything to a caretaker that is highly suspect under the law that undue influence has taken place - where some one influenced his decision.  So you should absolutely contest the WIll and seek to set it aside really.  Next, understand that the original Will had to memorialize their agreement that the land would be his because oral tansfers of land are not valid.  Get help.  Good luck. 

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