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.
RESOURCES

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Publications

August 16, 2019

‘Death bed’ will of famed artist doesn’t pass smell test

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Firm Announcements

January 28, 2019

Davis Malm Adds Emily Crowley to its Employment and Litigation Practices

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Publications

December 20, 2018

Law practice enjoined from distributing fee from PI settlement

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Speaking Engagements

September 27, 2018

Dispositive Motions, Rule 16 and Pretrial Conferences

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Firm Announcements

August 29, 2018

Davis Malm Hires New Litigation Associate

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Publications

April 5, 2018

Towing Co. Can't 'Pick Off' Lead Class-Action Plaintiff

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Speaking Engagements

February 12, 2018

MCLE’s 17th Annual Business Litigation Conference

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Firm Announcements

November 16, 2017

Davis Malm Adds Tax Abatement Shareholder Mark Witkin to Real Estate Practice

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Publications

August 21, 2017

Preparing for Litigation Risks as a Small Business Owner

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