Jim Gallagher and Josh Grossman

We have extensive experience in:

  • will contests
  • will and trust reformations
  • negating and crafting non-judicial settlement agreements
  • estate and trust administration matters, including claims by and against fiduciaries, and contested accountings
  • contested guardianship and conservatorship proceedings
  • advice to fiduciaries to avoid, or in anticipation of, litigation
  • representing trustees against claims of breach of fiduciary duty and diversion of assets
  • enforcing testamentary provisions of pre- and post-nuptial agreements
Results

Our results speak for themselves.

  • Brought successful claims on behalf of an estate and a disabled heir against a former administrator for the return of assets belonging to the estate.
  • Procured a reversal from the Massachusetts Appeals Court of a trial court judgment against our client as executor of his mother’s estate. Read the decision: Dicarlo v. Lattuca.
  • Obtained the allowance of a contested will, which was self-written by the testatrix.
  • Obtained a judgment in a will contest restoring a lottery prize to an estate and invalidating an assignment of the prize to a separate trust.
  • Successfully prosecuted diverted trust asset claims on behalf of a trustee against a financial institution and individual banker. The Supreme Judicial Court affirmed the decision.
  • Represented an international religious organization and several religious charities in settling claims that the trustees of a testamentary trust placed their own interests above interests of the beneficiaries and deprived the beneficiaries of a favorable settlement in a matter raised by individuals claiming to be heirs to the estate.
  • Represented a special personal representative in connection with questions regarding a death bed marriage.

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Publications

January 16, 2024

Mass. Bar Split As Pre-Pandemic 12-Person Juries Return

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Publications

December 14, 2023

Brockton chicken coop still stands after $90K legal fight

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Publications

November 17, 2023

Are Buyers Agents an Endangered Real Estate Species?

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Publications

November 16, 2023

Brokerages, Agents Face Own ‘Bombshell’ Decisions in Lawsuit’s Wake

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Firm Announcements

October 19, 2023

Davis Malm Adds New Associate to Its Growing Litigation Practice

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Firm Announcements

August 22, 2023

Davis Malm Welcomes Experienced Litigator Anthony T. Panebianco as New Shareholder

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Firm Announcements

June 22, 2023

Paul Feldman and Shawn McCormack Secure Reversal of Eminent Domain Decision in MA Supreme Judicial Court

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Publications

June 13, 2023

SJC to MassDOT: owner must be compensated for taking

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Firm Announcements

June 2, 2023

Davis Malm Attorneys and Practice Areas Recognized by 2023 Chambers USA

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