Five Telltale Signs of “Estate Manipulation”

By Alan Fanger When clients who have been victimized by changes in a parent’s estate plan first contact me,   I already know what I am about to hear:   a tale of bitterness between siblings and the manipulation by one or…

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The Affidavit of Objections: No Trifling Matter

By Alan Fanger Anyone in Massachusetts who wants to challenge either a will or the person nominated in the will to serve as executor of the estate is required to file with the court a document known as an “affidavit…

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A Warm Welcome to the Uniform Trust Code—Great News for Trust Beneficiaries!

In July,   Governor Patrick signed into law the Uniform Trust Code (“UTC”),   and thus has expanded the rights of beneficiaries under trusts.     In my view,  the law liberalizes rules in two areas in which previously trust beneficiaries previously had a…

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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…

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Challenging transfers of real estate to a child based on “Caregiver” agreements.

BUT I WAS TAKING CARE OF DAD! In recent months I have been asked to become involved in some highly volatile estate disputes which have arisen from so-called “caregiver” agreements,  whereby an elderly person transfers real estate to one of…

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Do you know undue influence when you see it?

As lawyers we throw around the term “undue influence” and often assume that our clients understand what it means.      But it’s really a difficult concept to understand and is subject to misconceptions.       To that end,  I wanted to take this…

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