11/18/2024 5:06:15 PM 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...
5/15/2024 6:36:59 PM 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...
5/15/2024 6:34:01 PM 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...
3/4/2024 4:47:51 PM 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...
12/20/2023 3:50:13 PM 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...
12/11/2023 7:56:04 PM 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”...
11/1/2023 7:33:00 PM 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...
11/1/2023 1:55:00 PM 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...
11/1/2023 1:40:00 PM 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...
11/1/2023 1:37:00 PM 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....
8/3/2023 6:50:00 PM 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...
5/3/2023 7:30:00 PM 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...
1/31/2023 8:29:00 PM 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...
10/11/2022 7:22:00 PM 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...
6/22/2022 7:20:00 PM 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...
4/20/2022 7:18:00 PM 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...