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

It’s Tax Time Again – Here Are Four Quick Tips

If you or your spouse is chronically ill, here are four quick tips to consider if you itemize deductions on your income tax returns: LONG TERM CARE INSURANCE PREMIUMS ARE USUALLY DEDUCTIBLE. They are part of your medical expense deduction.  …

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Upcoming Elder Law Legal Clinics

Below is a listing for two of my upcoming programs.  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 …

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Boston Globe article highlights the importance of estate planning for blended families

A recent article in The Boston Globe – “A patriarch leaves no will and the home he meant for his Cambridge family may be lost” – demonstrates the importance of having an estate plan, particularly with blended families, and shows how not having …

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Things to Consider When Trying to Avoid Probate

Probate is the court process of determining who gets your assets when you die.  A Will does not avoid probate, but it governs who will get your assets owned in your sole name.  To avoid probate, you need to structure …

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Make a Resolution to Talk to Your Proxy Agent

A few months ago I participated in a great event at Milford Regional Hospital.  The Hospital is actively encouraging Milford residents and the neighboring communities (who obviously are all likely future patients there) to not only complete a Health Care …

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Upcoming Legal Clinic

You can always qualify for MassHealth, even at the last minute, if you need nursing home care or a lot of care at home. In this seminar, I will explore how pooled trusts and annuities can help you qualify for …

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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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Our Practices