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

Emily P. Beekman

Emily P. Beekman
Associate

Tracy A. Craig

Tracy A. Craig
Partner

John O. Mirick

John O. Mirick
Of Counsel

Tatiana R. Tway

Tatiana R. Tway
Associate

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

[ read full story ]

Successor Fiduciary Liability: When the Follower Must be the Leader

[ read full story ]

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

[ read full story ]

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

[ read full story ]

Patricia Davidson to Present "Updates in Probate Law" at the 2021 MBA Probate Law Conference

11/08/2021[ read full story ]

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 KEEP CONTROL

This article was co-authored by Arthur Bergeron and Leah Kofos. Does this dilemma sound familiar?  On one hand, you want to keep control of your life and make all of financial and medical decisions yourself.  On the other hand, you …

[ load webpage to read more ]

Living with Memory Loss

Thirty years ago next month, my mother died in a nursing home.  Back then, there weren’t open discussions, shared knowledge, or resources available to people with Alzheimer’s Disease.  Most seniors died from “hardening of the arteries” or just “old age.” …

[ load webpage to read more ]

Emergency Broadband Benefit

One lesson the pandemic has taught us is that having Internet access is essential, now more than ever. However, many people are struggling to afford Internet services. Luckily, a new federal coronavirus aid program might be able to help. Launched …

[ load webpage to read more ]

COVID-19 Funeral Reimbursement Program

Has a loved one passed away due to COVID-19 complications? If so, you may be eligible for a government reimbursement for funeral expenses to assist with funeral services, interment, and cremation.  The assistance is limited to a maximum reimbursement amount …

[ load webpage to read more ]

Durable Powers of Attorney: What You Should Know

You have worked hard to grow and nurture your assets throughout your lifetime. What happens if, due to illness, hardship, or other difficulty, you are unable to continue to do so? A Durable Power of Attorney answers this question. A …

[ load webpage to read more ]

Do I Need a Health Care Proxy?

If you have found yourself asking this question, the answer is an emphatic yes. Health Care Proxies are one of the most important documents in your estate plan. So what is it, and why is it so important? A Health …

[ load webpage to read more ]

Financial Planning for Seniors

This article was authored by elder law attorneys Arthur P. Bergeron and Leah Kofos. To whom do you trust to give your financial planning advice?  Your accountant?  Your kids?  The guy you have coffee with at Dunkin Donuts?  Your lawyer? …

[ load webpage to read more ]

Extension of 2020 Massachusetts Tax Return Filing and Payment

This article was authored by Allen J. Falke, Tracy A. Craig, and Leah Kofos. Following the recent federal extension for tax filings, Massachusetts has announced that it will extend the filing and payment deadline for individual income tax returns until …

[ load webpage to read more ]

Extension of 2020 Federal Tax Return Filing and Payment

This article was authored by Allen J. Falke, Tracy A. Craig, and Leah Kofos. The Internal Revenue Service announced yesterday that the federal income tax filing and payment deadline for individuals will be extended until May 17, 2021. This extension …

[ load webpage to read more ]

A Few Tips for Tax Season

This article was authored by elder law attorneys Arthur P. Bergeron and Leah A. Kofos. I love being at Mirick O’Connell because when my elder clients inevitably call me at this time of year asking tax questions, I can always …

[ load webpage to read more ]
 

Our Practices