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 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

Asset Protection for Single Seniors

This past spring I did a set of Council on Aging seminars on the legal issues single seniors face. If you are single, and you want your children or friends to avoid the time and expense of probate after you …

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Elder Law Clinics

My fall elder law presentations kick-off on September 18th!  Learn about Irrevocable Trusts:  Do you need one?  Is the one you have working? Below is a listing of my upcoming programs.  Contact your local Council on Aging for more information …

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Upcoming Elder Law Clinics

    Estate planning, tax minimization and asset protection concerns are very different for single people versus married couples.  Learn what steps singles need to take to protect yourself and preserve your assets.  Attend one of my elder law seminars …

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Lisa Neeley featured in NAELA News

Mirick O’Connell’s Lisa Neeley was recently interviewed in NAELA News. Click here for the feature.…

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Elder Law Seminars

During the next couple of months, my elder law seminars will be focusing on how the new Massachusetts CARE Act, changes to the federal tax code, the tightening of MassHealth regulations, and other changes in the law might affect you, …

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Highlights of the New Tax Bill

On December 22, 2017, the President signed into law a new tax bill that has dramatic effects on the current tax system.  Here are highlights affecting most individuals: Increase in the standard deduction to $12,000 for individuals filing single and …

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‘Tis the Season for Giving

This is the time of year when I receive numerous calls from clients asking about year-end gifts they want to give to their children or other relatives and friends. Many have questions about the amount they can gift away without …

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Elder Law Seminars: Honoring Choices

During the next couple of months, my elder law seminars will be focusing on “Honoring Choices” in regards to your health care planning, should you become ill or in case of an emergency.  Below is a listing of my upcoming …

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Leaving Your Wealth in Trust for the Protection of Your Children

Consider how your assets can benefit, or perhaps complicate, the lives of your children or other loved ones when you pass away. You know your children better than almost anyone else, and your estate plan should take into consideration their …

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MCLE Webinar on 7/18 to discuss the Daley and Nadeau decisions and their implications for irrevocable trusts and Medicaid planning

Lisa Neeley will be speaking about her role as lead counsel in the Nadeau case as well as offering her thoughts on the future of Medicaid planning in Massachusetts. Click here for more information and to register for the Webinar.…

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Our Practices