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Category Archives: Trust & Estate Disputes Posts

A New Tort That Should Find Acceptance in Massachusetts

In recent years courts in several jurisdictions have recognized a legal claim or theory of recovery known as “tortious interference with intended bequest”. This legal theory has grown out of the recognition that people are often able to frustrate the … Continue reading »

Attorney’s Fees in Probate Litigation: Does the Loser Pay?

Judges are fond of saying that when it comes to attorney’s fees, our legal system employs what is known as the “American Rule”; that is, unless there is a specific law or contract provision that permits or requires the losing … Continue reading »

The Special Personal Representative: A Useful Tool in Will Contests in Massachusetts

Whenever a challenge is made to a will in Massachusetts, it essentially “freezes” the administration of the estate. In other words, nothing can be done to gather together the assets, pay the estate’s debts, sell assets or distribute property or … Continue reading »

How Do I Challenge a Will or Trust in Massachusetts?

Sadly,   more and more members of “The Greatest Generation” are dying,  and in the process are leaving unprecedented wealth to their children and grandchildren.    Along the way,  however,   disputes have arisen over the validity of certain distributions of that wealth.     … Continue reading »

The Dilemma of the “Lost Will”

Posted by Alan Fanger I often see clients who believe that a family member has taken steps to destroy a parent’s will.    This claim is usually made where that family member has also taken steps to transfer certain real estate … Continue reading »