Challenging a Will – Beyond the Will

I Am a Child of an Affair. What Rights Do I Have to My Parent’s Estate?

July 11, 2022
By: Charles Hunsinger

Picture this: your family has a longstanding rumor that you are the child of an affair. Not only that, but it is an open secret who your family believes your other parent is. One day, you hear that the possible …

Summertime Sadness: Will My Grandparents’ Property Stay in The Family When They Die?

June 9, 2022
By: Patricia Malley

Many of us have fond memories of visiting our grandparents at their summer property, whether at a beach house on Cape Cod or in the middle of the woods in the Berkshires. But what happens to this property once your …

Challenging a Will Based on Incapacity or Undue Influence

May 26, 2022
By: Alex Harrington

When a loved one passes away and their estate plan is revealed for the first time, it is common to experience varied emotions, including curiosity, disappointment, and anger. Depending on the beneficial interests or fiduciary appointments under the will, you …

I Have a Secret Relationship. How Do I Include Them in My Estate Plan?

March 2, 2022
By: Patricia Malley

Typically, when couples put together an estate plan, they do so jointly with a single attorney representing both spouses. It is more cost-efficient, allows for open discussion with all parties, and ensures there are no conflicts within the estate plan …

My Stepmother Inherited Everything. What Can I Do?

January 7, 2022
By: Noelle Lussier

Losing a parent is difficult. Beyond managing your personal and emotional wellbeing, you may need to settle their affairs and handle certain administrative tasks. But what do you do if your parent left everything to their partner – your stepparent …

I Was Omitted From a Will. Can I Sue?

June 10, 2021
By: Tiffany Bentley

Grieving the death of a friend or family member is hard enough. Imagine the compounded feelings of realizing that an inheritance you had been promised or otherwise believed would be coming is not materializing. You were omitted from your loved …

Lack of Capacity – The Basics

March 31, 2020
By: Russell Smith

Lack 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 …

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Undue Influence – Burden Shifting

March 30, 2020
By: Ann Hetherwick Cahill

As a follow-up to Tiffany’s blog on the basics of undue influence, this blog focuses on a subset of undue influence cases involving a fiduciary relationship. What is a fiduciary relationship and why is it important? The clear fiduciary …

Undue Influence – The Basics

March 27, 2020
By: Tiffany Bentley

Editors’ Note: Starting in March, Beyond the Will will focus on one broad topic each month. Each week, a different author will post a new insight on the matter. Our posts in March will investigate the grounds for challenging a …

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Requirements of a Will in Form and Execution

March 5, 2020
By: Patricia Malley

Editors’ Note: Starting in March, Beyond the Will will focus on one broad topic each month. Each week, a different author will post a new insight on the matter. Our posts in March will investigate the grounds for challenging a …