LITIGATION

Probate & Fiduciary Litigation

Recognizing that issues involving trust and estate planning documents are often emotionally charged, our probate litigators work with clients to settle these matters as efficiently and sensitively as possible. Disputed probate matters require creative, technical and practical solutions, and our seasoned team members have the expertise to approach them with reason and skill.

LITIGATION PRACTICE AREAS

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.