Contested Estates

These cases might involve an heir contesting the testamentary capacity of the deceased when his/her will was drafted and executed. These cases may also involve undue influence experienced by the testator by a named beneficiary in the will. An all too frequent kind of case may involve an elderly surviving spouse whose long term mate has died leaving adult children who have an expectancy of a sizable inheritance upon the death of that surviving parent; the dispute called undue influence when that surviving parent is befriended by a girlfriend/boyfriend to whom he/she bequests a sizable portion of his/her estate upon death.  


These cases involve either an underage child or an adult who lacks decision making ability in which another petitions the court to be appointed by the court to make decisions for him. Sometimes, particularly when the mentally impaired adult has significant assets, there can be disputes and litigation about who will be that person’s fiduciary who will then have the ability to make decisions for him.


These cases also involve an underage child or mentally impaired adult who cannot make decisions about assets owned by that person. Once again, as in guardianships, the individual who is appointed as fiduciary will have decision making authority, and such cases are often disputed.


In these above described cases I have vast experience, sometimes being appointed by the probate court to represent the rights of the biological parents in a 210 Petition involving the loss of parental rights usually due to extreme, often criminal behavior by the biological parent. Although I no longer accept appointments from the probate court, for years I was appointed as a Guardian ad Litem, conducting an investigation and then writing a comprehensive report, making factual observations and recommendations. I was also the only Guardian ad Litem in the North Essex region of the probate court in what has long been referred to as the Rogers cases. Therefore, if you have a problem that is haunting you, keeping you awake at night, please do not hesitate to call me. Maybe I can help you. I would like to try. Please call and let’s talk.

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(978) 474-9969
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Law Office of Philip J. Byers
15 Chestnut Street
Andover, MA 01810
Phone: (978) 474-9969
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Law Office of Philip J. Byers - Family Law Attorney in Andover MA

Family Law & Mediation Attorney serving the Andover,

Salem, Cambridge, & Worcester Massachusetts areas