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

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 …

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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 …

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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 …

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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? …

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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 …

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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 …

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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 …

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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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