Probate, Trust and Fiduciary Litigation

Within the next two decades, unprecedented wealth will pass between generations in the form of lifetime gifts and transfers through wills and trusts. Inevitably, conflicts concerning this transfer of wealth will arise—often causing painful and expensive disputes. Our attorneys have the requisite experience to counsel the parties involved with these transfers, and they have the tenacity necessary to resolve any disputes that may arise. 

The Probate, Trust and Fiduciary Litigation Group represents executors, administrators, trustees, guardians, conservators, beneficiaries and other family members. The integration of our experienced Trusts and Estates Group with our skillful litigation and trial attorneys enables us to provide sound legal advice and creative dispute-resolution strategies. While our attorneys strive to seek practical, prompt resolutions, they also have extensive experience trying cases when necessary. Above all, we recognize that it is our responsibility not only to guide our clients through sophisticated financial and legal matters, but also to understand the often-complex emotional and psychological challenges of probate litigation.

Practice Chair

Tracy A. Craig

Tracy A. Craig
Partner

Emily L. Crim

Emily L. Crim
Associate

John O. Mirick

John O. Mirick
Of Counsel

Successor Fiduciary Liability: When the Follower Must be the Leader

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Lisa Neeley Quoted in MLW, "Bar wary even after SJC rules against agency"

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SJC rules in favor of Lisa Neeley in Nadeau v. Director of Medicaid

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Tracy Craig authors Kiplinger article, "Should You Give Your House Away?"

06/12/2018[ read full story ]

Trusts and Estates Newsletter - Spring 2018

06/01/2018[ read full story ]

Tracy Craig authors Kiplinger article, "Is Estate Planning Now Dead?"

05/01/2018[ read full story ]

Representative Matters

  • Persuaded the Appeals Court to reverse a judgment and find that the defendant trustees, stockholders, officers and directors breached their fiduciary duties and engaged in self-dealing by committing trust assets to unauthorized business ventures
  • Negotiated the resolution of a long-term dispute among siblings by forcing the sale of real estate through a petition to partition
  • Successfully defended beneficiaries who were sued by the decedent’s sister in an action to determine title to real estate
  • After commencement of trial, favorably settled a case in which the will was executed by an individual suffering from Alzheimer’s disease who was vulnerable to undue influence
  • Successfully opened a guardian’s three accounts by showing fraud and manifest error against the guardian in which the guardian mismanaged the ward’s estate 
  • Prevented a co-executor’s attempt to gain sole control of an estate after the co-executor forged our client’s name, misappropriated estate assets and violated an injunction
  • Successfully petitioned the Supreme Judicial Court to reform trusts so that the reformation would be recognized for federal transfer tax purposes

THE APRIL 15TH REPRIEVE

The Treasury Department recently announced that certain taxpayers will have an extra three months to pay income taxes that would otherwise be due on April 15, 2020, for the tax year 2019. This extension of time to pay is solely for …

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THE CORONAVIRUS CRISIS: CHANGES TO LONG-TERM CARE AND ESTATE PLANNING

Over the past few weeks, our country has been deeply impacted by the COVID-19 crisis. For seniors and those with disabilities, this health crisis is particularly challenging and scary. Recently, there have been changes to the Medicaid program and guidance …

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Upcoming Legal Clinic

Below is a listing for my upcoming elder law legal clinic.  Contact your local Council on Aging for more information and to register. If you miss a program, you may always watch them on your local cable access station or on …

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The Circuit Breaker Tax Credit: A Reason to Possibly Look Forward to Filing Your Tax Return

It is tax season again. You may be dreading it, or figuring you can ignore it because your income is low enough, especially if most of your income comes from Social Security. But, here is a reason to look forward …

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Does Your Power of Attorney Do What You Need it to Do?

Oftentimes at my elder law seminars I ask guests if they have a Durable Power of Attorney. Most people raise their hands. A Power of Attorney is needed to authorize someone to handle all your financial and legal affairs if …

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Make a New Year’s Resolution: Follow Frank and Mary

Frank and Mary are the fictional couple to whom I refer in my elder law seminars. They have the same questions and concerns you and your loved ones have. They also have the same interest you have in making your …

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This Season, Give Something Special and Ask for Something Special in Return

Every year around this time I like to remind people of some basic rules of giving: Gift Tax There is a cap (this year the number is $15,000) on the amount you may give to any one person in one …

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Give Your Spouse a Final Gift: Asset Protection

I often meet with a recently widowed man or woman together with one or more of their children. Typically, I am asked how the surviving parent’s assets can be protected should he or she later need nursing home care. Unfortunately, …

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Planning During the Last Year of Your Life

Thanks to modern technology and medical advances, the chances of detection of a chronic illness are much greater than they were say in the 1970s; the likelihood of living a bit longer and enjoying that extra time also outweighs that …

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Upcoming Legal Clinics

Below is a listing for my upcoming program.  Contact your local Council on Aging for more information and to register. If you miss a program, you may always watch them on your local cable access station or on my You Tube …

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