Do we have the right to challenge this Will?
My two uncles lived together in Needham, Massachusetts for years. One Uncle has Alzheimers and the other Uncle just died. My sister who has been caring for my Uncle for the last 3 years found a Will leaving everything to our brother. Our brother took our Uncle to the lawyers when he had Alzheimers and made a Will. My sister and I were not allowed to attend. The Will leaves everything to my brother. What are our rights as the last living relatives. There are five of us and one is taking everything right from under our nose.
Since your brother benefited from the change in the will, if he was managing your uncle’s finances or was otherwise involved in his care, the burden shifts to him to demonstrate that the change in the will was NOT the product of undue influence. However, you must take the first step by challenging the validity of the will. There are strict deadlines for doing this and the failure to adhere to those deadlines can be fatal to your claim. Please view my video regarding Undue Influence for more information.
Attorney Alan Fanger is an estate and probate litigation attorney with offices in Wellesley. He serves the entire Greater Boston and Boston metrowest region including Norfolk County, Suffolk County, Middlesex County and the communities of Arlington, Boston, Braintree, Brookline, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Lexington, Milton, Natick, Needham, Newton, Norwood, Quincy, Sherborn, Sudbury, Waltham, Wayland, Wellesley, and Weston, Massachusetts.