Search results for “lack of capacity”

Lack of Capacity - The Basics

smith capacity 2Lack of capacity is, perhaps, the most common ground relied upon for challenging a will, trust, lifetime transfer, or beneficiary designation.  In addition to standing alone as a claim, it is often intertwined with claims of undue influence, discussed in …

Welcome back to Beyond the Will! We hope you’ve been enjoying our posts as much as we’ve enjoyed creating them since launching the blog just a few months ago. We’re going to change things up a bit starting this month, …

Help, My Spouse Disinherited Me!

hether 2We previously discussed how Massachusetts protects a surviving spouse from disinheritance through a statutory elective share of the Estate.  But what if a surviving spouse’s statutory elective share is very small due to the family composition?  There are a few …

Blended Families and Probate Litigation

tiffany blended families-01Perhaps no family structure is more rife with the potential for probate litigation than a blended family. This is why careful planning is so important, as Patricia Malley so wisely advised earlier this month. Without careful planning and transparency …

Where Do I File My Probate or Trust Litigation Case?

There are three trial courts in Massachusetts that have jurisdiction to hear probate or trust litigation cases:  the Probate and Family Court, the Fiduciary Litigation Session of the Probate and Family Court, and the Superior Court.

Probate and Family Court