Attorney at Law
Litigation Specialist
60 William Street
Suite 300
Wellesley, MA 02481

Category Archives: Trust & Estate Disputes Posts

The Burden of Proof – Challenging a Will or Trust in Massachusetts

There are not many circumstances under which someone would normally challenge a will or a trust. But if you are a beneficiary, an heir, or another interested party and you are concerned about the validity of the documents pertaining to … Continue reading »

Can They Sit on Their Hands? Obligations of Personal Representatives to Diligently Administer Estates

I have received several inquiries recently from heirs of estates, expressing frustration over delays in the administration of those estates. In some instances the estates have existed for more than a decade, yet distributions have not been made to heirs … Continue reading »

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 »