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 »Court Sides With Alan On Novel Legal Malpractice issue
In an issue of first impression, a court has sided with Alan’s client in a case in which he represents an executor who has sued the attorney for the decedent for malpractice in his drafting of the decedent’s will. The…
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 »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 »Challenging probate accounts
The process by which an estate is probated is shrouded in a great deal of mystery, perhaps in part because the process is somewhat antiquated and hasn’t changed in about a century. If you’re at all concerned about the manner…
Continue reading »Removing an Executor of an Estate
I’ve been getting a lot of phone calls in recent months from heirs in Massachusetts who are dissatisfied with how the decedent’s estate is being administered. These complaints can be sorted into two distinct categories: (a) complaints that the estate…
Continue reading »Attaching bank accounts; the sharpest tool in the shed
Imagine the following scenario: One of your parents has just died, and the money that you thought was left to you and your siblings is missing. You subsequently learn that sibling who had a joint bank account with…
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