Category Archives: Trust & Estate Disputes Posts
Alan Settles Will Contest With Aknowledgement That Later Will Is Invalid
On May 4, 2012, Alan secured a settlement of a will contest for a client on terms highly favorable to the client. The client’s brother had executed a will in 2002, at which time the client and his brother owned … Continue reading
What is an unnatural dispostion?
A prospective client sat in my office a few weeks ago, sobbing uncontrollably. She had just learned that she had been completely cut out of her father’s will. To be sure, her relationship with her father had been difficult—she referred … Continue reading
Misuses of Power of Attorney and Nominee Trusts
There are two legal instruments that lend themselves particularly well to fraud and abuse: the power of attorney and the nominee trust. A great deal of litigation is spawned by the misuse of those instruments. Powers of Attorney A power … Continue reading
Do You Know What Day It Is? Understanding Testamentary Capacity
It is typical when clients meet or speak with me for the first time about a dispute involving a will or trust in Massachusetts that they bring up an issue concerning the mental capacity of the person who made or … Continue reading
Challenging a Will in Massachusetts – What is Undue Influence?
A very common legal matter in Probate litigation is a Will Contest. This is when an interested party challenges the validity of a Will. The question of Undue influence often arises — Did someone close to the deceased convince him … Continue reading
