Asset Management, Probate, Probate Code

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Charles E. Rounds, Jr. - Suffolk University... on 3/25/2025

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Probate & Fiduciary Litigation Newsletter - August 2023

Goulston & Storrs PC on 8/3/2023

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

Probate & Fiduciary Litigation Newsletter - May 2023

Goulston & Storrs PC on 5/3/2023

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more

What Does “Probate” Mean?

Adler Pollock & Sheehan P.C. on 6/29/2021

The term “probate” is one you may have heard and might associate with negative connotations, but you don’t fully understand what it is. For some, the term conjures images of lengthy delays waiting for wealth to be transferred...more

Probate & Fiduciary Litigation Newsletter – February 2021

Goulston & Storrs PC on 2/5/2021

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

What California Trust and Estate Litigation Will Arise from the Economic Downturn?

Downey Brand LLP on 6/2/2020

The COVID-19 pandemic has idled workers and the coming weeks will bring more news of business closures and bankruptcies. After a decade of sustained growth, we are facing a recession of uncertain depth and duration. The New...more

When There is Only a Will There’s No Way You’re Avoiding Probate

Lewitt Hackman on 5/31/2020

A common misconception is that when you die with a Will, your heirs avoid probate. In California when you die with a Will and the total assets owned in your sole name exceed $166,250, your estate goes through probate (a court...more

Mind Your Notice in California – Even Remote Contingent Beneficiaries May Need to Be Served

Downey Brand LLP on 3/20/2020

It’s unremarkable that California courts require that notice be given to affected beneficiaries in trust and probate proceedings. After all, the Fourteenth Amendment guarantees that no person will be deprived of life,...more

Beware of Dormant Creditor Claims in California Probate Cases

Downey Brand LLP on 10/22/2019

California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents. Creditors who are unsophisticated, or who simply do not learn of the decedent’s passing, may find themselves...more

Understanding Trusts: Do you need one? What are the? How do they work?

Cranfill Sumner LLP on 7/29/2019

One of the most common questions clients ask is whether they need a trust. While they are usually seeking a “yes” or “no” answer, as with most legal questions, the correct answer usually is, “It depends.” The answer depends...more

California Probate Administration Is No Time for Napping

Downey Brand LLP on 7/3/2019

In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets....more

Probate Code Provides Ground Rules for Who Gets What from Wills and Trusts

Downey Brand LLP on 3/26/2019

Many California will and trust disputes arise from ambiguity in the document with respect to who is entitled to an asset. Maybe the document was hazy from the start or perhaps circumstances have changed such that the rightful...more

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