Lack of Testamentary Capacity May Support Massachusetts Will Contest

When a loved one dies, the passing of his or her property and wealth to survivors is stressful enough even when there are no questions about the decedent's intentions or soundness of mind. But when someone doubts whether a will is valid and enforceable, a will contest can pit family members or close friends against one another in an uncomfortable position.

Estate Planning in Massachusetts: Important Tips for Singles

According to Massachusetts law, in the absence of a will the estate is passed on to family members. In the absence of a spouse, the estate would pass first to any children that may be present. If there are no children the estate would be split and passed to each surviving parent. In the absence of a surviving parent, the estate passes to siblings. If there are no siblings, than the estate passes to the next closest living relative. If a relative is not located, the estate passes to the commonwealth of Massachusetts.

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