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 »Alan Successfully Strikes Affidavit of Objections in Will Contest
Alan was recently successful in persuading the Norfolk County Probate Court to strike an affidavit of objections in a will contest, thus ending the challenge to an amended will. The challenging parties filed a lengthy affidavit, setting forth what they…
Continue reading »What is Undue Influence and How Can it be Proved?
By Alan Fanger Taking care of a deceased person’s assets and business affairs adds stress to an already emotional situation. Adding to the anxiety, families sometimes discover their loved one has been taken advantage of. A vulnerable elderly person is…
Continue reading »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…
Continue reading »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…
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 »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…
Continue reading »“No-Contest” Clauses: Should You Say “No Contest”?
Many wills and trusts have what are known as incontestability or no-contest clauses. These clauses essentially state that anyone who is entitled to a benefit under the will or trust and who chooses to challenge it forfeits any benefits he…
Continue reading »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 disposition?
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…
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