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

Lisa Neeley Prevails - SJC Rules House in Nominee Trust Not a Countable Asset for MassHealth

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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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Patricia Davidson and Emily Crim author Bloomberg Tax article "The Evolving Role of Trust Protectors"

11/06/2020[ read full story ]

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

Planning to Stay Home

Most seniors, like my friends Frank and Mary, hope they can live in their home until they die.  But hope is not a plan. Here are some tips: Make your home safe. The older you get the greater the risk …

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The Planning You Need to Qualify for MassHealth

In previous columns I have explained how, whether you are single or married, you can always qualify for MassHealth at the last minute if you need to.    Knowing that to be true, do you still need to plan ahead?  The …

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Giving it All Away (Or at Least Some of It)

Every December my clients ask whether or not it makes sense to make gifts to their loved ones.  In addition to getting to hear “thank you”, there are several advantages to giving assets away before you die, with few disadvantages.  …

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Single? Need to Qualify for MassHealth?

It is important to know your options when it comes to qualifying for MassHealth should you require home health care or nursing home care. Many seniors who are single often lose sleep worrying about this very issue. Rest assured, whether …

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The Couples Guide to Qualifying for MassHealth

Whether you’re married or single, if you need MassHealth because you need nursing home care or need a lot of care at home, you can always qualify for MassHealth.  This month, I’ll talk about the rules if you’re married.  Next …

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Which Medicare Option is Right for You?

As a senior, you know that every year you need to spend some time looking at next year’s Medicare D drug plans. Not only do you have the ability to change plans every year, but the companies that offer the …

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How to Minimize Your Taxes

Who likes paying taxes? No one! Below are some ways you may be able to minimize or avoid taxes: REAL ESTATE TAXES Abatements. You may already be aware of the senior and veterans abatements, but did you know that you …

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You’re Single. Does Your Estate Plan (Still) Work?

If you’ve been single all your life, you’ve had a lot of time to worry about protecting yourself and your assets while you are alive and making sure they go to the right people after you die. Occasionally, though, that …

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Nursing Home Alternatives During COVID-19

What is the alternative to being in a nursing home? That question is top of mind for many seniors now due to the high risk factors of the coronavirus, and the fact that the disease has become widespread within nursing …

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The Impact of COVID-19: We Are in This Together

In these columns, I generally try to provide legal tips and advice regarding how you, as seniors, can plan to make your life easier and to be prepared for life’s inevitable emergencies. Well, here we are. We are all living …

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