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
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
6/22/2022
/ Beneficiaries ,
Bernie Madoff ,
Breach of Duty ,
Fiduciary Duty ,
Investment Opportunities ,
No Contest Clause ,
Probate ,
Probate Courts ,
Recklessness ,
Surrogate's Court ,
Trustees ,
Trusts ,
Wills
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
4/20/2022
/ Appeals ,
Asset Management ,
Beneficiary Designations ,
Breach of Duty ,
Durable Power of Attorney ,
Estate Claims ,
Estate Planning ,
Fiduciary Duty ,
Probate ,
Probate Courts ,
Undue Influence Claims
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
2/2/2022
/ Asset Management ,
Beneficiaries ,
Beneficiary Designations ,
Decedent Protection ,
Estate Claims ,
Fiduciary Duty ,
Individual Retirement Account (IRA) ,
Interference Claims ,
Irrevocable Trusts ,
Power of Attorney ,
Probate ,
Probate Courts ,
Trustees ,
Undue Influence Claims ,
Unjust Enrichment
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York.
Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more
9/30/2021
/ Absolute Immunity ,
Asset Management ,
Beneficiaries ,
Conservators ,
Decedent Protection ,
Estate Planning ,
Fiduciary Duty ,
Irrevocable Trusts ,
Jurisdiction ,
Probate ,
Probate Courts ,
Quasi-Judicial Process ,
Surrogate's Court ,
Trustees ,
Undue Influence Claims
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more
Supreme Court Sides with Student-Athletes in NCAA v. Alston, Expands Permissible Types of Compensation -
On June 21, 2021, the United States Supreme Court unanimously found that NCAA rules blanketly prohibiting...more
New York “HERO” Act Amendments Provide Employers with Additional Time and Guidance to Comply with Law Aimed to Reduce Spread of Airborne Infectious Diseases...more
6/16/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Reasonable Prevention Procedures ,
Regulatory Requirements ,
Special Committees ,
State Labor Laws ,
Workplace Safety
As states across the country begin to ease workplace restrictions responding to COVID-19, New York will require employers to take steps, almost immediately, to avert another pandemic. The New York legislature recently enacted...more
Reformation of Trust Supported by Presumption that Settlor Would Not Have Intended Construction Resulting in Payments to Government Rather Than Beneficiaries...more