Fiduciary Litigation in the Probate Court

Use the court's equity power to achieve results

Product Number: 2242712WFM
Publication Date: 6/14/2024
Edition: 6th Edition 2024
Copyright: © 2024 MCLE, Inc.
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Fiduciary Litigation in the Probate Court

Use the court's equity power to achieve results

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Product Description
Product Description

Use the court's equity power to achieve results
Fiduciary 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:
- Update: June 2024
  Dear Subscriber:
  
  Thank you for choosing to stay current in your practice with this 2024 edition of Fiduciary Litigation in the Probate Court. Inside, you will find case decisions, insights, and practice tips on topics including the following:
  - Complaints for instructions. See chapter 2 for a discussion regarding the distinction between a complaint for instruction and a petition for instructions. The chapter also offers a practice tip suggesting the preparation of an accompanying affidavit.
  - No-contest clauses. Chapter 3 contains a discussion about whether declaratory judgment is an appropriate mechanism for determining if beneficiaries violated a no-contest clause in a trust.
  - Lis pendens. See chapter 5 for a newly added sample memorandum of lis pendens.
  - Removal of trustees. Chapter 7 adds a discussion regarding a 2022 case wherein the court considered whether the language of the trust, which seemed to require "cause" for trustee removal, took into account the provisions of G.L. c. 203E, § 706(b)(4).
  - Hearings of contested accounts. See chapter 8 for new material about contesting accounts in the case of estates or trusts involving minors, incapacitated persons, or unborn/unascertained interests.
  - Defending accounts. Chapter 9 discusses whether testamentary trust accountings require court involvement for settlement, and whether trustees of testamentary and nontestamentary trusts are still required to account at least privately to qualified beneficiaries. The chapter cites a 2023 case.
  - Fraud and undue influence. Chapter 10 cites a 2023 case illustrating shifting burdens of proof of undue influence.
  - Contests regarding suitability of fiduciaries. Chapter 10 also offers a new discussion about a 2023 case where the court considered the requirements for an objector to contest the suitability of a fiduciary, including that of a sufficient legal interest in the estate.
  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
Table of Contents

Table of Contents
expand all

Chapter 01 expand

Filings in the Probate and Family Court After the MUPC and MUTC
Buy Chapter
James Gavaghan, The Mullen Law Group, LLC
Noreen A. Mullen, Esq., The Mullen Law Group
Sharon B. Quinan, Day Pitney LLP

Exhibit 1A
- List of Massachusetts Probate and Family Court Forms Buy Form

Exhibit 1B
- Notice Requirements Buy Form

Chapter 02 expand

Complaint for Instructions
Buy Chapter
Stephanie Addeo, Esq., Rubin and Rudman LLP
Sara E. Kitaeff, Esq., Rubin and Rudman LLP
Mark J. Warner, Esq., Warner, Federico & Ryan LLP

Exhibit 2A
- Complaint for Instructions, Sample 1 Buy Form

Exhibit 2B
- Complaint for Instructions, Sample 2 Buy Form

Exhibit 2C
- General Probate Petition Buy Form

Exhibit 2D
- Decree and Order of General Probate/Trust Petition Buy Form

Exhibit 2E
- Affidavit of Diane Jones Buy Form

Chapter 03 expand

Declaratory Judgment
Buy Chapter
Jason Andreas Benitez, Esq.,
Jennifer Locke, Esq., Goodwin Procter LLP

Exhibit 3A
- Motion to Exclude Certain Persons as Parties Buy Form

Exhibit 3B
- Motion to Waive the Appointment of Guardian ad Litem and Approve Virtual Representation Buy Form

Exhibit 3C
- Affidavit of Representative Buy Form

Exhibit 3D
- General Trust Petition for Appointment of Guardian ad Litem—Trust, G.L. c. 203E, § 305(b) Buy Form

Exhibit 3E
- Complaint for Declaratory Judgment and to Divide Trust Buy Form

Exhibit 3F
- Answer and Request for Declaration Buy Form

Exhibit 3G
- Joint Motion for Approval of Settlement Agreement Buy Form

Exhibit 3H
- Motion for Issuance of Decree and Order of General Trust Petition, Proposed Findings of Fact, Decree and Order Buy Form

Chapter 04 expand

Reformation of Trusts Under Massachusetts Equity Procedure
Buy Chapter
Eric P. Hayes, Esq., Goodwin Procter LLP

Exhibit 4A
- Complaint to Reform Trust Buy Form

Chapter 05 expand

Determination of Title
Buy Chapter
Marshall D. Senterfitt, Esq., Holland & Knight LLP
Mark E. Swirbalus, Esq., Holland & Knight LLP
Hon. Jennifer M. R. Ulwick, Probate and Family Court, Commonwealth of Massachusetts

Exhibit 5A
- Memorandum of Lis Pendens Buy Form

Chapter 06 expand

Removal, Death, and Resignation of Fiduciaries
Buy Chapter
Robert J. O'Regan, Esq., Nixon Peabody LLP

Chapter 07 expand

Defending the Trustee Against Removal
Buy Chapter
Mark W. Williamson, Esq., Law offices of Mark W. Williamson

Exhibit 7A
- Sample Appendix to a Petition for Removal of a Trustee Buy Form

Exhibit 7B
- Sample Opposition to Petition for Removal of a Trustee Buy Form

Chapter 08 expand

Compelling and Objecting to Accounts
Buy Chapter
Tiffany M. Bentley, Esq., Day Pitney LLP
Alex J. Harrington, Day Pitney LLP

Exhibit 8A
- Affidavit of Objections Buy Form

Chapter 09 expand

Defending Accounts
Buy Chapter
Mary H. Schmidt, Esq., Verrill Dana LLP
Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation

Chapter 10 expand

Litigating Will Contests
Buy Chapter
Tiffany M. Bentley, Esq., Day Pitney LLP
Brian D. Bixby, Esq., Wilchins Cosentino & Novins LLP
Sydney Brady, Esq., Rubin and Rudman LLP
Lisa M. Cukier, Esq., Rubin and Rudman LLP
Andrea T. Dunbar, Esq., Bowditch & Dewey LLP

Chapter 11 expand

Compromise Agreements
Buy Chapter
Sharon B. Quinan, Day Pitney LLP
Russell Jacob Smith, Esq., Casner & Edwards LLP

Exhibit 11A
- Petition for Will Compromise Buy Form

Exhibit 11B
- Decree that Compromised Will Be Proved and Allowed Buy Form

Exhibit 11C
- Compromise Agreement Buy Form

Exhibit 11D
- Mutual Release Agreement Buy Form

Exhibit 11E
- Compromised Will Buy Form

Chapter 12 expand

Parentage
Buy Chapter
Hon. Maureen H. Monks, Middlesex Probate and Family Court South, Commonwealth of Massachusetts

Exhibit 12A
- Petition for Approval of Voluntary Acknowledgment of Parentage Buy Form

Exhibit 12B
- Complaint to Rescind Acknowledgment of Paternity Buy Form

Exhibit 12C
- Public Assistance Affidavit Buy Form

Exhibit 12D
- Complaint to Establish Paternity Buy Form

Exhibit 12E
- Complaint for Support, Custody, and Parenting Time Pursuant to G.L. c. 209C Buy Form

Exhibit 12F
- Petition to Change Name of Minor Buy Form

Chapter 13 expand

Cy Pres and Deviation
Buy Chapter
Lisa M. Cukier, Esq., Rubin and Rudman LLP
Ann Hetherwick-Cahill, Esq., Day Pitney LLP
Noelle L. Maffeo, Esq., Day Pitney LLP

Chapter 14 expand

Fees in the Probate Court
Buy Chapter
Judith K. Wyman, Esq.,

Exhibit 14A
- Form of Motion for Payment of Special Administrator’s Fees, Costs, and Expenses Buy Form

Exhibit 14B
- Form of Affidavit to Accompany Motion for Payment of Fees, Costs, and Expenses Buy Form

Exhibit 14C
- Proposed Order Buy Form

Chapter 15 expand

Petition to Partition
Buy Chapter
Thomas P. Jalkut, Esq., Nutter McClennen & Fish LLP

Chapter 16 expand

Appellate Practice in Fiduciary Litigation
Buy Chapter
Robert J. O'Regan, Esq., Nixon Peabody LLP

Chapter 17 expand

Evidentiary Privileges in Fiduciary Litigation
Buy Chapter
Nicole E. Collins, Esq., Rubin and Rudman LLP
Mary Beth L. Sweeney, Esq., Atwood & Cherny, PC
Editors & Authors

Editor(s)

Lisa M. Cukier, Esq., Rubin and Rudman LLP, Boston

Hon. Jennifer M. R. Ulwick, Probate and Family Court, Commonwealth of Massachusetts, Salem

Judicial Commentator(s)

Hon. George F. Phelan, Probate and Family Court, Commonwealth of Massachusetts, Boston

Author(s)

Stephanie Addeo, Esq., Rubin and Rudman LLP, Boston

Jason Andreas Benitez, Esq., Boston

Tiffany M. Bentley, Esq., Day Pitney LLP, Boston

Brian D. Bixby, Esq., Wilchins Cosentino & Novins LLP, Needham Heights

Sydney Brady, Esq., Rubin and Rudman LLP, Boston

Nicole E. Collins, Esq., Rubin and Rudman LLP, Boston

Lisa M. Cukier, Esq., Rubin and Rudman LLP, Boston

Andrea T. Dunbar, Esq., Bowditch & Dewey LLP, Worcester

James Gavaghan, The Mullen Law Group, LLC, South Boston

Alex J. Harrington, Day Pitney LLP, Boston

Eric P. Hayes, Esq., Goodwin Procter LLP, Boston

Ann Hetherwick-Cahill, Esq., Day Pitney LLP, Boston

Thomas P. Jalkut, Esq., Nutter McClennen & Fish LLP, Boston

Sara E. Kitaeff, Esq., Rubin and Rudman LLP, Boston

Jennifer Locke, Esq., Goodwin Procter LLP, Washington

Noelle L. Maffeo, Esq., Day Pitney LLP, Boston

Hon. Maureen H. Monks, Middlesex Probate and Family Court South, Commonwealth of Massachusetts, Cambridge

Noreen A. Mullen, Esq., The Mullen Law Group, Braintree

Robert J. O'Regan, Esq., Nixon Peabody LLP, Boston

Sharon B. Quinan, Day Pitney LLP, Boston

Mary H. Schmidt, Esq., Verrill Dana LLP, Boston

Marshall D. Senterfitt, Esq., Holland & Knight LLP, Boston

Russell Jacob Smith, Esq., Casner & Edwards LLP, Boston

Christopher H. Suh, Esq., The Wagner Law Group, A Professional Corporation, Boston

Mary Beth L. Sweeney, Esq., Atwood & Cherny, PC, Boston

Mark E. Swirbalus, Esq., Holland & Knight LLP, Boston

Hon. Jennifer M. R. Ulwick, Probate and Family Court, Commonwealth of Massachusetts, Salem

Mark J. Warner, Esq., Warner, Federico & Ryan LLP, Boston

Mark W. Williamson, Esq., Law offices of Mark W. Williamson, Sterling

Judith K. Wyman, Esq.,

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Fiduciary Litigation in the Probate Court

Use the court's equity power to achieve results

Fiduciary Litigation in the Probate Court

Use the court's equity power to achieve results

Your Selection:

Product Description

Recent updates:

Table of Contents

Filings in the Probate and Family Court After the MUPC and MUTC

Exhibit 1A

Exhibit 1B

Complaint for Instructions

Exhibit 2A

Exhibit 2B

Exhibit 2C

Exhibit 2D

Exhibit 2E

Declaratory Judgment

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Exhibit 3G

Exhibit 3H

Reformation of Trusts Under Massachusetts Equity Procedure

Exhibit 4A

Determination of Title

Exhibit 5A

Removal, Death, and Resignation of Fiduciaries

Defending the Trustee Against Removal

Exhibit 7A

Exhibit 7B

Compelling and Objecting to Accounts

Exhibit 8A

Defending Accounts

Litigating Will Contests

Compromise Agreements

Exhibit 11A

Exhibit 11B

Exhibit 11C

Exhibit 11D

Exhibit 11E

Parentage

Exhibit 12A

Exhibit 12B

Exhibit 12C

Exhibit 12D

Exhibit 12E

Exhibit 12F

Cy Pres and Deviation

Fees in the Probate Court

Exhibit 14A

Exhibit 14B

Exhibit 14C

Petition to Partition

Appellate Practice in Fiduciary Litigation

Evidentiary Privileges in Fiduciary Litigation

Editor(s)

Judicial Commentator(s)

Author(s)