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
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
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
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
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
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
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
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