Where a Probate & Family Court judge rejected an objector’s claim that a 2016 will was the result of undue influence, the judge’s decision should be upheld despite the objector’s argument that a fiduciary holding a power of attorney had the burden at trial to show the absence of undue influence. “Michelle Finnegan appeals from
According to Merriam-Webster, people have been making New Year’s resolutions for over 300 years, and breaking them for just as long. Historians uncovered a 1671 diary with a January 2
Lawyer for petitioner Because a trust instrument left ambiguous what constitutes a trustee’s removal “for cause,” a probate judge erred in rejecting a petitioner’s attempt to invoke a provision in the Massachusetts Uniform Trust Code to seek such a removal, the Appeals Court has decided. The settlor’s widow, a beneficiary and trustee, sought to use
Where the plaintiff beneficiaries of two condominium trusts have brought a derivative action against the defendant trustees, summary judgment should be denied because there are legitimate factual issues as to whether the plaintiffs are adequate representatives. “In this five-year old case, Plaintiffs Dennis Gauthier and Frank Bellino, as timeshare owners at the Royal Coachman Condominium