Just because a trustee was named in a trust document does not necessarily mean they will continue to serve perpetually. Many trust instruments include language granting the settlor (creator of the trust), and/or the...more
It is very difficult for many of us to acknowledge that death is, eventually, a certainty for all of us. It’s a topic we’d like to avoid altogether, and it’s something we often avoid planning for because to plan for death is...more
Last week, my colleague Noelle Lussier provided valuable insights into avoiding probate litigation. Building off of that, with a particular emphasis on litigation concerning the validity of Wills and Trusts, one common theme...more
In the early stages of this blog, I reviewed and discussed several ways that we could “Learn from Famous Mistakes,” such as failing to update an estate plan post-divorce and dying while in the midst of divorce proceedings....more
While still grieving the death of your mother, you receive a Notice from the Probate and Family Court informing you that your good-for-nothing brother has filed a Petition for Probate seeking to be appointed as Personal...more
In terms of would-be celebrations, no one was more upset about COVID-19 than the couples whose weddings were derailed by a year or more of pandemic-induced delays. For those who survived quarantining together and still like...more
Grieving the death of a friend or family member is hard enough. Imagine the compounded feelings of realizing that an inheritance you had been promised or otherwise believed would be coming is not materializing. You were...more
In the early days of this blog, I enjoyed using celebrity estate-planning blunders to illustrate what not to do in terms of your own planning. I’ve been thinking a lot about that series lately, particularly as stories about...more
After suffering a major stroke in response to her husband’s untimely death, Juliet remains alive but unresponsive in the hospital. She will need an individual or individuals to make health care and other personal decisions,...more
Attorney Hume was Jack’s estate planning attorney. It is not surprising, then, that when Kate and Charlie had questions about their father’s estate plan following his death, they turned to Hume for advice. But what are the...more
Welcome to the story of the Austens — made-up people with a wild accumulation of fictional (but factual) circumstances that raise all kinds of probate and fiduciary litigation issues. What potential problems do you spot here?...more
Last week, we introduced you to the Smith and Alexander families, and Patricia Malley explained to us that Johnny Smith likely inherited all of Jocelyn Smith’s assets under Massachusetts intestacy law upon her untimely death...more
Welcome to the story of the Smiths and the Alexanders — made-up people with a wild accumulation of made-up (but factual) circumstances that raise all kinds of probate and fiduciary litigation issues. What issues do you spot...more
Welcome back to Beyond the Will, where we are excited to introduce you to the Smiths and the Alexanders, made-up people with a wild accumulation of made-up factual circumstances that raise all kinds of probate and fiduciary...more
As promised in my prior post on initial Guardianship and Conservatorship filings, this post will expand on issues of standing, notice, and objections.
Who can file for Guardianship or Conservatorship? Any interested party...more
Continuing with this month’s focus on special needs planning and decision-making, and building off of a prior post introducing the concepts of guardianship and conservatorship, this post will focus on the initial procedural...more
Depositions are a critical component of the discovery phase of most litigation, including probate litigation, for two reasons. First, a lawyer never wants to ask a question at trial to which the lawyer does not already know...more
The last time I set foot inside of a Courthouse was on March 5, 2020, more than four months ago. This is the longest I have gone without a trip to Court since passing the bar, including the parental leaves I took after the...more
Perhaps no family structure is more rife with the potential for probate litigation than a blended family. This is why careful planning is so important, as Patricia Malley so wisely advised earlier this month. Without careful...more
There is little differentiation between weekends and weekdays in this remote-work, socially-distant world we’re living in. The “Boys of Summer” have not yet returned home to Fenway Park. The Boston Marathon has been...more
Newly separated and divorcing clients almost always come to us with preconceived ideas of what they hope/expect might happen in their cases. All too often, these preconceived ideas are based on a client’s own sense of equity...more
Hi there,
I continue to be amazed by the distinguished group of divorce and probate lawyers I have the privilege to work with at Burns & Levinson. Today’s decision on Pfannenstiehl v. Pfannenstiehl, a case which will...more
On April 5, 2016, the collective eyes of Massachusetts divorce attorneys and estate planners were fixed on the Supreme Judicial Court, where the highly-anticipated oral arguments on “further appellate review” of Pfannenstiehl...more
Freshly back to work from maternity leave, it warmed my new-mommy/divorce-lawyer heart to see this week’s U.S. Supreme Court decision affirming a loving mother’s right to share in the ongoing care and custody of children she...more
With the announcement of last week’s Supreme Court decision, proponents of same sex marriage rejoiced and Facebook became much more colorful. After a weekend of celebrating the new-found rights of my gay and lesbian friends,...more