Fiduciary Litigation in the Probate Court
Use the court's equity power to achieve results
- Product Number: 2070224EBK
- Publication Date: 10/18/2021
- Edition: 5th Edition 2021
- Copyright: © 2021 MCLE, Inc.
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Product Description
Product Description
Use the court's equity power to achieve resultsFiduciary Litigation in the Probate Court offers essential insight and practical guidance on a wide range of issues addressed by the Massachusetts Probate and Family Court. The book covers complaints for instructions; declaratory judgments; reformation of trusts; objections to accounts; will contests; partitions; and more.
Recent updates:
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Update: October 2021
Dear Subscriber:
Thank you for updating your reference library with the 2021 edition of Fiduciary Litigation in the Probate Court. This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this challenging area of practice.
Highlights from among the topics addressed for 2021 include
- the requirement that available administrative remedies be exhausted prior to seeking a declaratory judgment;
- the extension of the Fiduciary Litigation Session Pilot Project and amendment of the associated Probate and Family Court standing order;
- the effect of a premarital agreement on the disposition of the decedent's separate property;
- the standing of trustees of two trusts to seek a judgment declaring that certain beneficiaries had violated the trusts' no-contest clause;
- standards for ordering a partition of real estate;
- a personal representative's duty to marshal the decedent's assets under G.L. c. 190B, § 3-709;
- the relationship of the Massachusetts Uniform Probate Code and the Massachusetts Uniform Trust Code to existing common law principles;
- the standards for removal of a trustee;
- the existence of a justiciable controversy as a predicate for an advisory opinion;
- construction of a trust that had been created pursuant to the provisions of 42 U.S.C. § 1396p(d)(4)(A) but was intended as a third-party supplemental needs trust—with implications for whether MassHealth reimbursement was required;
- the circumstances under which the court will allow extrinsic evidence, including expert handwriting testimony, regarding the proper execution of a will;
- evidence required to support a claim that the testator lacked sufficient mental capacity at the time of the will's execution;
- the role of attorneys representing children (ARC) programs in contested custody and parenting matters;
- the use of prior restraint on disparagement in cases involving parenting orders;
- analysis of out-of-state relocation in child custody cases;
- standards for awarding fees in fiduciary litigation; and
- amendments to the rules governing appellate litigation in general and electronic filing in particular.
Thank you for your continued support as we at MCLE strive to bring you the latest solutions to the challenges you face in your practice.
Very truly yours,
John M. Lawlor, Esq., MCLE Publications Attorney
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Update: October 2021
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Table of Contents
Table of Contents
expand allChapter 1 expandFilings in the Probate and Family Court After the MUPC and MUTC
Buy ChapterChapter 2 expandComplaint for Instructions
Buy ChapterChapter 3 expandDeclaratory Judgment
Buy ChapterExhibit 3A
- Motion to Exclude Certain Persons as Parties Buy FormExhibit 3B
- Motion to Waive the Appointment of Guardian ad Litem and Approve Virtual Representation Buy FormExhibit 3C
- Affidavit of Representative Buy FormExhibit 3D
- General Trust Petition for Appointment of Guardian ad Litem—Trust, G.L. c. 203E, § 305(b) Buy FormExhibit 3E
- Complaint for Declaratory Judgment and to Divide Trust Buy FormExhibit 3F
- Answer and Request for Declaration Buy FormExhibit 3G
- Joint Motion for Approval of Settlement Agreement Buy FormExhibit 3H
- Motion for Issuance of Decree and Order of General Trust Petition, Proposed Findings of Fact, Decree and Order Buy FormChapter 4 expandReformation of Trusts Under Massachusetts Equity Procedure
Buy ChapterExhibit 4A
- Complaint to Reform Trust Buy FormChapter 5 expandDetermination of Title
Buy ChapterChapter 6 expandRemoval, Death, and Resignation of Fiduciaries
Buy ChapterChapter 7 expandDefending the Trustee Against Removal
Buy ChapterChapter 8 expandChapter 9 expandDefending Accounts
Buy ChapterChapter 10 expandLitigating Will Contests
Buy ChapterChapter 11 expandChapter 12 expandParentage
Buy ChapterExhibit 12A
- Petition for Approval of Voluntary Acknowledgment of Parentage Buy FormExhibit 12B
- Complaint to Rescind Acknowledgment of Paternity Buy FormExhibit 12C
- Public Assistance Affidavit Buy FormExhibit 12D
- Complaint to Establish Paternity Buy FormExhibit 12E
- Complaint for Support, Custody, and Parenting Time Pursuant to G.L. c. 209C Buy FormExhibit 12F
- Petition to Change Name of Minor Buy FormChapter 13 expandCy Pres and Deviation
Buy ChapterChapter 14 expandFees in the Probate Court
Buy ChapterChapter 15 expandPetition to Partition
Buy ChapterChapter 16 expandAppellate Practice in Fiduciary Litigation
Buy ChapterChapter 17 expandEvidentiary Privileges in Fiduciary Litigation
Buy Chapter - Editors & Authors