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
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.
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
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