Mediating Estate/Trust Disputes
Although emotions frequently run high in estate and trust disputes, particularly in the early stages, most such disputes are eventually settled. I find that in most instances where these cases are settled, that result is achieved only through a process…
Continue reading »When going the extra mile pays off…uncovering a fraud
I recently learned the value of trusting my own investigative instincts. Last year I settled a case involving fiduciary misconduct. As part of the settlement, the defendant trustee and executrix agreed to assign to my client the estate's claim for…
Continue reading »Judge issues injunction in fiduciary misdealing case
A Norfolk Superior Court judge has issued an order (April 20, 2010) restraining a national brokerage firm from allowing a defendant to withdraw certain funds from his account with the firm. The order issued after the judge found that my…
Continue reading »The “Prudent Investor” Rule–Opportunities and Challenges
In recent months I have been contacted by a number of potential clients who are the beneficiaries of trusts that have lost a great deal of their value due to the downturn in the stock market. These potential clients have…
Continue reading »Are legal malpractice claims assignable?
One issue that comes up time and time again in settlement discussions over a wide array of cases is whether, as part of a settlement, one party can assign another the right to bring a legal malpractice claim or lawsuit…
Continue reading »How Do You Challenge a Will?
The stories are legendary, sometimes the stuff of which novels are written or movies are made. Indeed, sometimes money is thicker than blood. Loving, supportive family relationships can be quickly undone when a loved one dies and his or her…
Continue reading »Do children of the deceased have a right to view the will and who oversees the executor to make sure he carries out the will?
Additional Information: My mother died last week in Massachusetts. My brother is the executor who refuses to give any information to his sisters. Do the sisters have the legal right to see the will? Do we need a lawyer to…
Continue reading »Undue Influence: When Justice is Due
The scenario is a common one. A child of a recently deceased parent comes into my office, having finally seen the will or trust that his/her parent made or amended just prior to their passing. The client was a loving…
Continue reading »Fee Arrangements in Probate Litigation
There are feelings that clients experience when they first walk into my office with a potential probate litigation matter. First and foremost, they are bitter and angry over the manner in which a will or trust was made or amended, …
Continue reading »Is it Medicaid planning, or Something Sinister?
Every so often an issue will come up in a trust dispute that forces the parties to confront the question of whether a particular transaction was made for purposes of protecting an aging parent from the clutches of Medicaid. The…
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