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
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
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
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. ...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. 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. 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