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Owners Beware: Massachusetts Supreme Judicial Court Underscores Strict Adherence to Prompt Payment Act

On Monday, June 17, 2024, the Supreme Judicial Court (“SJC”) issued its decision in Business Interiors Floor Covering Business Trust v. Graycor Construction Company, Inc., et al, which interprets the Massachusetts Prompt...more

Surrogate’s Court Orders DNA Testing to Verify Claim to Be Decedent’s Biological Child

Can a person claiming to be the decedent’s biological child out of wedlock obtain a court order directing DNA testing of the decedent’s acknowledged children, in order to verify her claim?  In Matter of Estate of McGuire, 203...more

SJC Finds Words of Survivorship Sufficient to Avoid Anti-Lapse Statute

Does the phrase “if they survive me” demonstrate a testator’s intent to avoid the Massachusetts Uniform Probate Code (“MUPC”) anti-lapse statute, Massachusetts General Laws Chapter 190B § 2-603? The Massachusetts Supreme...more

Following Formalities of Will Execution And Availability of Attorney Testimony Defeats Undue Influence Claims

While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more

Probate & Fiduciary Litigation Newsletter - November 2023

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Probate & Fiduciary Litigation Newsletter - August 2023

Subject Matter Matters in Land Court - DiNicola v. Ely, et al., No. 23 MISC 000128 (2023), Berkshire County (Land Court May 25, 2023) - Does the Massachusetts Land Court have subject matter jurisdiction over claims...more

Probate & Fiduciary Litigation Newsletter - May 2023

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more

Probate & Fiduciary Litigation Newsletter - February 2023

Trust v. Code: What Trumps? Matter of the Leo Kahn Revocable Trust, 102 Mass. App. Ct. 38 (2022) - If the terms of a trust instrument are inconsistent with a provision of the Massachusetts Uniform Trust Code (“MUTC” or...more

Probate & Fiduciary Litigation Newsletter - October 2022

Power of Attorney Did Not Provide Authority to Create a Trust on Behalf of the Elder Who Granted the Power of Attorney - Barbetti v. Stempniewicz, 490 Mass. 98 (Sup. Jud. Ct. June 28, 2022) Does a power of attorney...more

Probate & Fiduciary Litigation Newsletter - June 2022

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Probate & Fiduciary Litigation Newsletter - April 2022

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Probate & Fiduciary Litigation Newsletter - February 2022

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Intentional Interference and Unjust Enrichment Claims in Connection with a Trust...more

Law of the Land - Real Estate Litigation Newsletter - December 2021, Volume I, Issue XI

CASES OF NOTE - LIMITATIONS FACING PLAINTIFFS UNDER CHAPTER 40A - Doyle v. Zoning Board of Appeals of City of Attleboro, No. 20 MISC 000386 (DRR), 2021 WL 5037871 (Mass. Land Ct. Oct. 29, 2021)...more

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