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To challenge a will on the basis of undue influence, a ?formal? probate petition needs to be filed (this is typically filed by the attorney for the person nominated by the deceased person's will to be the ?personal representative? of his or her estate).
The old one must be emphatically revoked. To revoke a Will, you have a few relatively simple options: Create a subsequent Will (in other words: a new Will), and in the new Will, you should stipulate that you revoke all previous Wills.
Yes, you can make your own will in Massachusetts. If you know what property you have and who you want to give it to, you are ready to make a will. You do not need an attorney to draft the will.
Article 2 (1780) It is the right as well as the duty of all men in society, publicly, and at stated seasons to worship the Supreme Being, the great Creator and Preserver of the universe.
When a person is married and has children, the spouse receives the entire inheritance if the children are from the same marriage. If children are from a different marriage, then both the spouse and children receive an inheritance.
To prove a loved one was subject to undue influence in drafting an estate plan, you have to show that the loved one disposed of his or her property in a way that was unexpected under the circumstances, that he or she is susceptible to undue influence (because of illness, age, frailty, or a special relationship with the ...
The will must be filed in the county where the decedent last resided with the Probate and Family Court Department so the personal representative may be granted ?Letters? and proceed with the administration of the estate. Someone who dies without a will is called ?intestate,? which invokes the strict laws of intestacy.
In most states, revoking a will is pretty straightforward. Generally, you can revoke a will by: Destroying the old will. Creating a new will.