Question : Is anyone familiar with, or do you have expertise in, Wills and Probate?
I am wondering how long one has to contest a will? And if that time has already elapsed, would consideration be given to information discovered after the fact?
My father passed away in 2003 and his daughters got nothing. Now, we have learned that his wife’s children are all mortgage free. Also, his Marco Island, Florida condo, boat, and slip were never mentioned in the original will. Furthermore, the lawyer on my father’s will is also the lawyer that signed off on one of the mortgages.
Anyone that could give me any information, advice, or the name of a lawyer that is more than competent with respect to these issues would be greatly appreciated.
By the way, I’m looking for answers as they apply to Massachusetts law.
Thank you.
florida probate lawyer

Best answer:

Answer by Dana A
Unfortunately, your time to contest a will has probably already run. Further, it is within a father’s right to not leave anything to his children. I’m not sure what a lawyer drafting a will has to do with a lawyer “signing off on [a] mortgage” and I’m not even sure what you mean by the lawyer signing off on the mortgage. I am pretty sure that your time to contest the will has already run. In order to contest the will you’d have to show lack of competence, fraud or undue influence by someone (that your father was defrauded or that he was not competent to make the will or that he was unfairly or wrongly influenced or pressured into making the will). You should double check this with a lawyer in Massachusetts, many of them will do a free consultation.

Hope that helps,
Dana (attorney)