Fiduciary Litigation in the Probate Court
Use the court's equity power to achieve results
Fiduciary litigation is multi-faceted and often complex. It can involve the disposition of probate assets; disputes regarding the powers, fees, and duties of trustees; reservation; reports; appeals; cy pres; deviation; petitions to partition—and a host of other topics that are the subject of litigation. Fiduciary Litigation in the Probate Court features the strategic, practical and authoritative guidance you need to handle a case involving a probate matter, including including discussion of equitable versus probate remedies, the mechanics of specific actions, such as the reformation of trusts, determination of title, declaratory relief, matters involving trustees, objections to and defense of accounts, will contests, and much more. MCLE has convened a stellar group of judges and practitioners with deep experience in litigation of fiduciary matters involving wills and trusts. This comprehensive, multi-authored handbook should be your first stop for practical litigation guidance and procedural tips.
Update: November 2016
Thank you for choosing to keep your probate practice current with this 2016 edition of Fiduciary Litigation in the Probate Court. In this revised issue, you will find dozens of new cases, case analyses, practice tips and the insightful commentary of our expert authors, including the following:
- Declaratory Judgment—Until 2014, the Supreme Judicial Court routinely reformed or interpreted trust instruments to preserve tax savings. In Chapter 3, read about the case that changed that.
- Parents' Rights—See Chapter 12 for case law on indigent parents' constitutional right to court-appointed counsel in proceedings related to private guardianship of a minor.
- Fiduciary Fees—In Chapter 14, see discussion of trial judges' wide discretion in determining fees awards, along with a 2015 case that addressed the failure to demonstrate, in a finding, that appropriate factors have been considered in setting the fee.
- Litigating Will Contests—Chapter 10 contains a discussion, and 2014 case decision, on the topic of testamentary capacity. It addresses the sufficiency as to whether notations in a decedent's medical records indicating sporadic periods of confusion and hallucinations, even when supported by expert testimony by a nontreating physician specializing in geriatric psychiatry, were still insufficient to defeat the presumption of testamentary capacity.
We at MCLE trust that you will find these and hundreds of other updates useful in your probate practice and valuable in keeping your law library current.
Maryanne G. Jensen, Esq., MCLE Director of Publications
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