What constitutes undue influence sufficient to invalidate a deed? In Erikson v. Erikson, 105 Mass. App. Ct. 1115 (February 24, 2025), the Appeals Court of Massachusetts affirmed the Land Court’s invalidation of a deed on the...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
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
Reformation of Trust Supported by Presumption that Settlor Would Not Have Intended Construction Resulting in Payments to Government Rather Than Beneficiaries...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