When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more
Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to take a share of the decedent's estate “equal to the greater of (i) fifty thousand dollars...more
Does the phrase “if they survive me” demonstrate a testator’s intent to avoid the Massachusetts Uniform Probate Code (“MUPC”) anti-lapse statute, Massachusetts General Laws Chapter 190B § 2-603? The Massachusetts Supreme...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
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
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
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.
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
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
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
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