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 »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…
Continue reading »Joint Bank Accounts: They Don’t Always Bypass Probate
It is commonly assumed that if a person dies with a joint bank account, the surviving account holder automatically takes over sole possession of the account, and the account bypasses the probate of the decedent account holder’s estate. That assumption…
Continue reading »A Creative Way to Sue an Attorney
Until 1999, it was believed that legal malpractice claims were not assignable. However, in New Hampshire Insurance Co. v. McCann, 429 Mass. 202,;707 N.E.2d 332 (1999), the Supreme Judicial Court held that certain legal malpractice claims may be “voluntarily assigned”….
Continue reading »Advancing claims of “undue influence”
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…
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