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T&E Litigation Newsletter - August 2017

In Passero v. Fitzsimmons et al., No. 16-P-1314, 2017 WL 3567496, (August 17, 2017), the Appeals Court affirmed the lower court’s finding that the defendant trustees committed a breach of trust, as well as the lower court’s...more

T&E Litigation Newsletter- June 2017

In Roth v. Newpol et al., 91 Mass. App. Ct. 699 (May 31, 2017), the Appeals Court considered whether a residuary clause in a decedent’s last will and testament disposing of "any monies remaining in [her] estate" encompassed...more

T&E Litigation Newsletter- March 2017

This week has brought a much-anticipated decision by the Supreme Judicial Court regarding trust decanting, and the past month also brought the latest chapters in two cases that we reported on previously....more

T&E Litigation Newsletter - February 2017

Several recent decisions serve as a good reminder that it is not only the Probate and Family Court that addresses important T&E issues in Massachusetts. In the consolidated matters of Hanna et al. v. Williams et al.,...more

T&E Litigation Newsletter - December 2016

The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more

T&E Litigation Newsletter- November 2016 #2

The Supreme Judicial Court recently issued its decision in Degiacomo v. City of Quincy, No. SJC-11940, 2016 WL 6683970, at *1 (Mass. Nov. 15, 2016), which is the latest chapter in a story that began with a trust established...more

T&E Litigation Newsletter - November 2016

There has not been much case law of particular relevance in the T&E area since our last newsletter, but three recent federal court decisions—one from the First Circuit Court of Appeals, and two from the United States District...more

T&E Litigation Newsletter- August 2016

On August 4, 2016, the Supreme Judicial Court issued its highly anticipated decision in Pfannenstiehl v. Pfannenstiehl, 2016 Mass. LEXIS 591, reversing an Appeals Court decision that had been a hot topic of discussion among...more

T&E Litigation Newsletter- July 2016 #2

The first two weeks of July have brought us some warm weather and three new decisions worth noting: First, in Bank of America, N.A. v. Commissioner of Revenue, Docket No. SJC-11995 (July 11, 2016), the Supreme Judicial...more

T&E Litigation Newsletter- July 2016 #1

Two decisions issued in June will be of interest to probate litigators and estate planning lawyers. The Massachusetts Appeals Court issued a decision in late June with an interesting twist on the burden required to...more

T&E Litigation Newsletter- May 2016

In the past month, there were three decisions of note. First, in the case of Caffrey v. U.S. Trust, Case No. 15-P-920, 2016 Mass. App. Unpub. LEXIS 454 (Apr. 27, 2016), the Appeals Court was confronted with the question...more

T&E Litigation Newsletter- April 2016

On March 25, the First Circuit Court of Appeals issued a ruling in a breach of fiduciary duty case that turns, in part, on an analysis of the Supreme Judicial Court’s 2014 decision on damages in the widely-discussed matter of...more

T&E Litigation Newsletter- January 2016

The last quarter of 2015 produced two interesting decisions from the Appeals Court. In Brady v. Citizens Union Savings Bank, 88 Mass. App. Ct. 416 (2015), the Court addressed whether legal fees and costs already paid to...more

T&E Litigation Newsletter- September 2015

In a decision in a case entitled In the Matter of the Estate of Charles P. Galatis, Case No. 14-P-579 (September 9, 2015), the Appeals Court addressed what happens when there is a will contest involving two possible wills,...more

9/17/2015  /  Appeals , Probate , Wills

T&E Litigation Newsletter- 9/3/15

Massachusetts courts have issued decisions on several topics of interest, including whether a revocable spendthrift trust may properly be included in a marital estate, what happens to assets left to a named beneficiary who...more

T&E Litigation Newsletter- May 2015

In Lesanto v. Lesanto, Case No. 12-P-1111, 2015 Mass. App. Unpub. LEXIS 318 (April 21, 2015), the Appeals Court reversed a judgment of the Probate Court reforming a trust. ...more

T&E Litigation Newsletter- April 2015

On April 6th the Appeals Court issued a decision concerning standing in guardianship proceedings under the Massachusetts Uniform Probate Code (“MUPC”) that may influence future cases involving the interpretation of other...more

T&E Litigation Newsletter - January 2015

As 2014 came to a close, Massachusetts state and federal courts issued decisions concerning a number of issues of interest to estate planning attorneys and probate litigation attorneys, including testamentary capacity,...more

T&E Litigation Newsletter - 10/2014

With the Supreme Judicial Court’s issuance of its decisions in O’Connell v. Houser, Jr. et al., 2014 Mass. LEXIS 841 (SJC-11698) (Oct. 28, 2014) and Bank of America, N.A. v. Babcock et al., 2014 Mass. LEXIS 840 (SJC-11651)...more

10/31/2014  /  Estate Planning , Reformation , Trusts

T&E Litigation Newsletter - September 2014 #1

In United States of America v. Estate of Robert Reitano, Civil Action No. 12-11944-RWZ, 2014 U.S. Dist. LEXIS 123200 (D. Mass. Sept. 4, 2014), the federal district court issued a warning shot to estate fiduciaries who fail to...more

T&E Litigation Newsletter – August 2014 #2

In Lowell v. Talcott et al., Case No. 13-p-1053, 2014 Mass. App. LEXIS 98 (August 18, 2014), the Appeals Court considered whether a child born in the 1960s while her mother was married to a man who is not the child’s father...more

T&E Litigation Newsletter – August 2014 #1

After a quiet start to the summer for probate litigation cases, the Supreme Judicial Court recently issued its much-anticipated decision in The Woodward School for Girls, Inc. v. City of Quincy, Case No. SJC-11390, 2014 Mass....more

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