Disagreeing with a Probate and Family Court order can feel frustrating, especially if the outcome affects family, money, or long-term plans. Appeals exist for moments like this, where you want a higher court to review what happened below and check for legal mistakes. At Casey Lundregan Burns, P.C., we have guided Massachusetts families through trust and estate disputes for over 90 years, and we understand how high the stakes feel.
This article walks you through the appeal process in Massachusetts probate matters, from deadlines and records to briefs and oral arguments.
Appeals Process in Massachusetts Probate Court
An appeal is a request for a higher court to review a lower court’s decision. It is not a do-over of the trial, but it is a review of the judge’s rulings and use of the law.
Before you take that first step, it helps to weigh whether an appeal fits your goals and budget.
Deciding Whether to Appeal: Key Considerations
The choice to appeal deserves careful thought. Some parties first ask the trial judge to reconsider or modify the order, which can be faster and less costly than a full appeal. Appeals are technical and usually call for help from counsel, few lawyers take cases only at the appellate stage.
Some questions to ask when considering an appeal:
- What exact ruling are you challenging, and what legal mistake do you believe occurred?
- Would a motion for reconsideration or a request to modify the order solve the problem more quickly?
- Do the likely costs and timeline fit your needs, given the record and the issues?
If you think an appeal makes sense, the next question is whether there is a valid legal ground to attack the decision.
Grounds for Appeal: Establishing Clear Error
An appeal is not a new trial. The appellate court reviews the record to see if the judge made a clear error of law or abused discretion.
Abuse of discretion means a clear error of judgment in weighing the facts. A clear error of law occurs when the court’s legal conclusion is unsupported by existing law, or it applied the wrong law to the facts.
Seeking Assistance with Your Probate Appeal?
Appeals move fast and need a clean plan. Reach out to Casey Lundregan Burns, P.C., for help building a focused appellate strategy and filing on time. Our firm has supported Massachusetts families for three generations, and we work hard to protect fiduciaries, beneficiaries, and anyone with real interests at stake.
Questions about your deadline or the record on appeal? Call 978-878-3519 or send us a note through our Contact Us page. We welcome your questions and are glad to talk through next steps and likely timelines.
The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.