Can a person claiming to be the decedent’s biological child out of wedlock obtain a court order directing DNA testing of the decedent’s acknowledged children, in order to verify her claim? In Matter of Estate of McGuire, 203...more
Does the phrase “if they survive me” demonstrate a testator’s intent to avoid the Massachusetts Uniform Probate Code (“MUPC”) anti-lapse statute, Massachusetts General Laws Chapter 190B § 2-603? The Massachusetts Supreme...more
While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more
Subject Matter Matters in Land Court -
DiNicola v. Ely, et al., No. 23 MISC 000128 (2023), Berkshire County (Land Court May 25, 2023) -
Does the Massachusetts Land Court have subject matter jurisdiction over claims...more
Like many of you, we are seeing a significant increase in commercial real estate (“CRE”) loan workouts. The magnitude of the swell in distressed CRE loans remains unclear, although one thing is certain: appreciating the...more
8/2/2023
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CMBS ,
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Consumer Financial Products ,
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Evidence ,
Financial Services Industry ,
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NY Supreme Court ,
Promissory Notes ,
Standing ,
Summary Judgment ,
Wells Fargo
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more
5/3/2023
/ Arbitration Agreements ,
Asset Management ,
Beneficiaries ,
Divorce ,
Estate Planning ,
Fiduciary Duty ,
Probate ,
Probate Code ,
Probate Courts ,
Separation Agreement ,
Spouses ,
Surrogate's Court ,
Unenforceable Contract Terms
Trust v. Code: What Trumps?
Matter of the Leo Kahn Revocable Trust, 102 Mass. App. Ct. 38 (2022) -
If the terms of a trust instrument are inconsistent with a provision of the Massachusetts Uniform Trust Code (“MUTC” or...more
Power of Attorney Did Not Provide Authority to Create a Trust on Behalf of the Elder Who Granted the Power of Attorney -
Barbetti v. Stempniewicz, 490 Mass. 98 (Sup. Jud. Ct. June 28, 2022)
Does a power of attorney...more
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more
6/22/2022
/ Beneficiaries ,
Bernie Madoff ,
Breach of Duty ,
Fiduciary Duty ,
Investment Opportunities ,
No Contest Clause ,
Probate ,
Probate Courts ,
Recklessness ,
Surrogate's Court ,
Trustees ,
Trusts ,
Wills
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more
4/20/2022
/ Appeals ,
Asset Management ,
Beneficiary Designations ,
Breach of Duty ,
Durable Power of Attorney ,
Estate Claims ,
Estate Planning ,
Fiduciary Duty ,
Probate ,
Probate Courts ,
Undue Influence Claims
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York.
Intentional Interference and Unjust Enrichment Claims in Connection with a Trust...more
2/2/2022
/ Asset Management ,
Beneficiaries ,
Beneficiary Designations ,
Decedent Protection ,
Estate Claims ,
Fiduciary Duty ,
Individual Retirement Account (IRA) ,
Interference Claims ,
Irrevocable Trusts ,
Power of Attorney ,
Probate ,
Probate Courts ,
Trustees ,
Undue Influence Claims ,
Unjust Enrichment
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York.
Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more
9/30/2021
/ Absolute Immunity ,
Asset Management ,
Beneficiaries ,
Conservators ,
Decedent Protection ,
Estate Planning ,
Fiduciary Duty ,
Irrevocable Trusts ,
Jurisdiction ,
Probate ,
Probate Courts ,
Quasi-Judicial Process ,
Surrogate's Court ,
Trustees ,
Undue Influence Claims
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more
Reformation of Trust Supported by Presumption that Settlor Would Not Have Intended Construction Resulting in Payments to Government Rather Than Beneficiaries...more
Testamentary Capacity at Moment of Execution of Will Is Crucial; Testator’s General “Cognitive Decline” Does Not Invalidate Will -
Haddad v. Haddad, 19-P-1378 (January 12, 2021) -
Where the maker of a will has entered...more
Assailant's Spendthrift Trust Accessible to Child of Murdered Parents -
de Prins v. Michaeles, SJC-12865 (October 20, 2020) -
In de Prins v. Michaeles, the Massachusetts Supreme Judicial Court (SJC) tackled a trust...more
Lose a Diamond Ring – Pay the Estate -
Matter of Steinman, 2020 WL 2170757 (2nd Dep’t May 6, 2020) -
A Floridian borrowed an expensive diamond ring from a New Yorker, while in New York State, and subsequently lost the...more
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases.
Brother Gets the Cat – and Not Much Else -
Where the decedent left his brother his “beloved old cat” and a small sum of money, and...more
2/14/2020
/ Appeals ,
Attorney-Client Privilege ,
Beneficiary Designations ,
Contract Drafting ,
Decedent Protection ,
Executors ,
Failure to Monitor ,
Fiduciary Duty ,
Inheritance ,
Marriage ,
Medical Expenses ,
Medical Reimbursement ,
Premiums ,
Probate ,
Spouses ,
Testamentary Trust ,
Testators ,
Trust Assets
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more
12/18/2019
/ Appeals ,
Beneficiaries ,
Beneficiary Designations ,
Consent ,
Debt ,
Decedent Protection ,
Estate Claims ,
Estate Planning ,
Expert Testimony ,
Family Law Courts ,
Fiduciary Duty ,
Insolvency ,
Litigation Strategies ,
Nursing Homes ,
Personal Property ,
Probate ,
Testamentary Capacity
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. ...more
10/21/2019
/ Appeals ,
Asset Diversification ,
Asset Management ,
Beneficiaries ,
Business Litigation ,
Charitable Trusts ,
Decedent Protection ,
Diversification Requirements ,
Duty of Prudence ,
Duty to Settle ,
Executors ,
Fiduciary Duty ,
Filing Deadlines ,
General Electric ,
Guardians ,
Health Care Providers ,
Liability ,
Medical Records ,
Motion to Compel ,
Nursing Homes ,
Personal Representatives ,
Philip Morris ,
Probate ,
Request for Production ,
Stocks ,
Surrogate's Court ,
Tort ,
Trustees
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more
6/27/2019
/ Appeals ,
Beneficiaries ,
Breach of Duty ,
Decedent Protection ,
Estate Claims ,
Estate Planning ,
Exculpatory Clauses ,
Fiduciary Duty ,
Forfeiture ,
Legal Fees ,
LLC Agreements ,
No Contest Clause ,
Probate ,
Trustees
Disinherited Son Loses Bid in New York to Share in Father’s Estate Based on Brother’s Promise -
Matter of Estate of Fogel, No. 2006-1234/B (Kings Sur. April 10, 2019) -
A disinherited son tried to make a claim on the...more
Disinherited Children Lose Challenge to Mother’s Will in New York Surrogate’s Court -
Matter of Loe, 2019 WL 657041 (N.Y. Sur. Feb. 13, 2019) -
Can disinherited children challenge their mother’s will based on possible...more