Dear Subscriber:
Thank you for choosing to stay current in your practice with this 2025 edition of
Fiduciary Litigation in the Probate Court.
Inside, you will find case decisions, insights, and practice tips on topics including the following:
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Trial pacing.
Chapter 1 cites a standing order requiring more efficient trial pacing in Probate and Family Court, including scheduling consecutive trial days and permitting judges to impose reasonable time limits on counsel and self-represented litigants.
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Declaratory judgment.
Chapter 3 cites a 2024 case where a declaratory judgment entered by one court was deemed a final judgment with preclusive effect, notwithstanding a pending appeal.
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Present gift.
Chapter 5 offers a 2024 case where the conditional gift of an engagement ring was found not to be complete, regardless of delivery and intent, when the wedding does not ensue.
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Removal of personal representative.
Chapter 6 addresses a fiduciary's duty to administer the estate to give effect to the decedent's intent. The chapter includes a case vacating the removal of a personal representative and trustee who sought reformation of a trust due to drafting errors and to avoid depletion of the estate to satisfy a Medicaid lien.
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Exoneration clause.
Chapter 7 addresses breach of a fiduciary's duties due to mismanagement, waste of trust property, commingling of trust funds, and self-dealing. The chapter cites a case where a judge removed a trustee and ordered compensation for losses to the trust.
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Trust accounts.
Chapter 8 discusses a 2024 case in which a qualified beneficiary sought an accounting of trust assets for a period preceding the date on which their interest became qualified.
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Burden-shifting.
Chapter 10 discusses a 2024 case in which the Appeals Court affirmed a decision to shift the burden of proof to the fiduciary where a fiduciary relationship existed and the fiduciary clearly benefited from the relationship.
We at MCLE trust that you will find this new content useful in your fiduciary litigation and estate planning practice, and valuable in keeping your law library current.
Cordially,
MCLE Press
