Law Offices of Carmine L. Gentile
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LAW OFFICES OF CARMINE L. GENTILE

276 Union Avenue, Framingham, MA 01702

Tel: 508.820.7777   Fax: 508.872.9801


PROBATE LITIGATION

 

              Sometimes  a person will seek to have the court appoint him or her as the legal representative  of an estate and  an heir, beneficiary, and/or creditor/s  of that estate may be concerned that that individual would not, because of his/her background, reputation, and/or relationship (or lack of  relationship) to the decedent,  administer the estate  properly.  In that situation, a stakeholder (heir, beneficiary, creditor) has the opportunity to attempt to prevent the proposed appointment and have himself/herself or another suitable person appointed to represent and administer the estate.  

                 Sometimesa person will seek to have the court appoint him or her as the legal representativeof an estate andan heir, beneficiary, and/or creditor/sof that estate may be concerned that that individual would not, because of his/her background, reputation, and/or relationship (or lack ofrelationship) to the decedent,administer the estate properly.In that situation, a stakeholder (heir, beneficiary, creditor) has the opportunity to attempt to prevent the proposed appointment and have himself/herself or another suitable person appointed to represent and administer the estate.

                 Sometimesa person will seek to have the court appoint him or her as the legal representativeof an estate andan heir, beneficiary, and/or creditor/sof that estate may be concerned that that individual would not, because of his/her background, reputation, and/or relationship (or lack ofrelationship) to the decedent,administer the estate properly.In that situation, a stakeholder (heir, beneficiary, creditor) has the opportunity to attempt to prevent the proposed appointment and have himself/herself or another suitable person appointed to represent and administer the estate.

 

            On occasion, a stakeholder may believe that a will which has been filed with the court after a person’s death is not valid and should not be allowed because it is a forgery, the testator (person whose will it is) lacked testamentary capacity when he /she signed the will (e.g. state of dementia robbed individual of ability to understand what he/she was doing),  the testator was unduly influenced by someone causing him/her to make a will with terms which he/she would not have made but for that undue influence, or other reason  for not allowing a will recognized by the Probate and Family Court. 

 

            Other circumstances can and do arise under which an estate’s representative will need to prosecute a civil action or defend against one in the Probate and Family Court or other department (e.g. Superior Court, Land Court, District Court) of the Commonwealth’s Trial Court.

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