18 Nov, 2024 Prenuptial Agreement Held to Be Valid Waiver Of Spouse’s Statutory Right of Election By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan +1 more... Show less Generally, under New York EPTL 5-1.1-A, if a decedent is survived by a spouse, a right of election is given to the surviving spouse to...
15 May, 2024 Surrogate’s Court Orders DNA Testing to Verify Claim to Be Decedent’s Biological Child By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan +1 more... Show less Can a person claiming to be the decedent’s biological child out of wedlock obtain a court order directing DNA testing of the decedent’s...
15 May, 2024 SJC Finds Words of Survivorship Sufficient to Avoid Anti-Lapse Statute By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan +1 more... Show less Does the phrase “if they survive me” demonstrate a testator’s intent to avoid the Massachusetts Uniform Probate Code (“MUPC”) anti-lapse...
04 Mar, 2024 Following Formalities of Will Execution And Availability of Attorney Testimony Defeats Undue Influence Claims By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan +1 more... Show less While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and...
20 Dec, 2023 SJC Finds Severance of Joint Tenancy and Affirms Judgment of Civil Contempt[1] By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan +1 more... Show less Where joint tenants with rights of survivorship reached an agreement requiring one of the joint tenants to remove his personal belongings...
11 Dec, 2023 New York Courts Consider “In Terrorem” Clauses with Mixed Results By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan +1 more... Show less Two recent decisions illustrate the continued mixed reception that “in terrorem” clauses in wills or trusts, also known as “no-contest”...
01 Nov, 2023 Probate & Fiduciary Litigation Newsletter - November 2023 By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan Nora McMurphy +2 more... Show less This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New...
01 Nov, 2023 Beneficiary Has a Right to an Accounting Despite the Trustee's Return of Funds By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan +1 more... Show less Kaylie v. Kaylie, 2023 WL 6395345 (1st Dep’t October 3, 2023) Can the beneficiary of a trust require a trustee to provide an accounting...
01 Nov, 2023 Conformed Copy of Will Not Admitted to Probate By Charles Jacob III Molly Quinn Jennifer Mikels Gary Ronan +1 more... Show less In Matter of Estate of Slezak, 218 A.D.3d 946 (3rd Dep't July 13, 2023) Where a conformed copy of a will was located where the decedent...
01 Nov, 2023 Voluntary Personal Representative Is a "Prior Appointment" For Purposes of the Limitation Period for Commencing Formal Probate By Charles Jacob III Jennifer Mikels Molly Quinn Gary Ronan +1 more... Show less In The Matter of the Estate of Patricia Ann Slavin, 492 Mass. 551 (2023) Does the position of voluntary personal representative under G....
03 Aug, 2023 Probate & Fiduciary Litigation Newsletter - August 2023 By Charles Jacob III Molly Quinn This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New...
03 May, 2023 Probate & Fiduciary Litigation Newsletter - May 2023 By Charles Jacob III Molly Quinn This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New...
31 Jan, 2023 Probate & Fiduciary Litigation Newsletter - February 2023 By Charles Jacob III Molly Quinn This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New...
11 Oct, 2022 Probate & Fiduciary Litigation Newsletter - October 2022 By Sarah Eberspacher Charles Jacob III Molly Quinn This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New...
22 Jun, 2022 Probate & Fiduciary Litigation Newsletter - June 2022 By Sarah Eberspacher Charles Jacob III Molly Quinn This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New...
20 Apr, 2022 Probate & Fiduciary Litigation Newsletter - April 2022 By Sarah Eberspacher Charles Jacob III Molly Quinn This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New...