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.
(978) 474-9969 15 Chestnut Street, Andover MA 01810
Law Office of Philip J. Byers 15 Chestnut Street Andover, MA 01810
Disclaimer: This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Family Law & Mediation Attorney serving the Andover,