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

Patricia Davidson author's GGi article "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

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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Getting Ready for the Rest of Your Life

  I will turn 70 in January. I have been blessed with good health, a wife I adore, three great kids, good friends in a great community. Both my parents died in their early 80’s. Despite all the great advances …

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Who Ya Gonna Call?

As seniors, you are probably the greatest beneficiaries of the Great Society, that incredible combination of programs created by President Lyndon Johnson and passed during the 1960s. The anchors of those programs, of course, were Medicare and Medicaid.  Before the …

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Protecting the Cottage

Are you lucky enough to own that special place, whether it’s a camper in Maine or a house on the Cape, where you, your children and your grandchildren can go to enjoy some time away together during our all-too-brief New …

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If You See Something, Say Something

One of my elder clients (we’ll call her Mary) called about two weeks ago. She had received a call from a caseworker at Springwell, one of the network of regional entities charged by the Commonwealth’s Office of Elder Services with …

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Sick? Call Your Doctor – Then Call Your Lawyer

This past month two different people called (neither of them were an existing client) with the same story. Each one had a relative close to death and wanted to know if there was anything that should be done.  In each …

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