Date & Time: Wednesday, January 17, 2024 from 4:00 p.m. – 6:00 p.m. ET
Webinar Fee: $65
This Program is Online Only
This event is cosponsored by The Massachusetts Family and Probate American Inn of Court.
Faculty
Hon. Edward Donnelly, Probate and Family Court, Fiduciary Litigation Session
Sydney Burns, Esq., Burns & Levinson
Lisa Cukier, Esq., Burns & Levinson
Hyman Darling, Esq., Bacon Wilson P.C.
Joseph Kropp, Esq., Gilmore Rees & Carlson
Every year, the Probate and Family Court’s Fiduciary Litigation Session handles a wide variety of complex disputes. In doing so, it decides issues not only of first impression but also other novel issues of interest to any practitioner who litigates business disputes that arise in probate cases, various types of complex probate matters. This CLE will review the most notable Fiduciary Litigation Session decisions from the past year to give practitioners vital tools that they can use when they are litigating in Massachusetts (and perhaps elsewhere).
A number of significant cases will be discussed. Examples include:
Guardianship of C.A., 102 Mass. App. Ct. 392: considers whether incapacity and the ability to live independently are mutually exclusive. The Court also addresses whether authorizing prospective treatment with anti-psychotics in a Rogers guardianship is appropriate.
Estate of Jablonski, 429 Mass. 687: considers whether the failure of a pet to survive the testator renders a pet trust void, even where the trust directs the trustee to use the remainder of the trust assets for charity.
Matter of Estate of Urban, 102 Mass. App. Ct. 284: addresses whether an agreement for payment of services is valid where the agreement essentially rendered one individual the sole beneficiary of the decedent’s estate and affirms that the burden of showing undue influence remains with the objector.
In the Matter of the Estate of Frances R. Mason, SJC-13439: Addresses two questions: 1) whether in Massachusetts the legislature limited the implementation of the Tax Equity Fiscal Responsibility Act (TEFRA) lien program to allow enforcement of a TEFRA lien only if the encumbered property is sold during the member’s lifetime; and 2) whether the three-year time bar set forth in the Massachusetts Uniform Probate Code (MUPC) bars MassHealth’s claim to recoup medical benefits paid for the medical care of a member who died before the effective date of the MUPC.
Guardianship of Raya, 2023 WL 7498930: considers the standard of unfitness for a parent and the weight to be given to a teenager’s expressed preference in a guardianship action.
In the Matter of the Estate of Patricia Ann Slavin, 492 Mass. 551: addresses the impact of a voluntary administration proceeding on a later initiated petition for formal probate and, specifically, whether the voluntary administration statement constitutes a “prior appointment” within the meaning of G.L. c. 190B §3-108.
Lodigiani v. Paré, 103 Mass. App. Ct. 140: considers the duties of a remainder beneficiary to the asset and whether a remainder beneficiary can be held responsible for waste of the estate during another’s life tenancy.
Jones v. Jones, 103 Mass. App. Ct. 223: addresses the inclusion of an irrevocable, discretionary trust in the parties’ marital estate, equitable division of assets in light of market fluctuations, and the Probate and Family Court’s failure to consider tax consequences in dividing marital assets.
Online registration is encouraged. For assistance, questions on group discounts, accommodations requests, special billing, program content, out-of-state CLE credits, and general contact CLE Coordinator, Michael Saporito by email at msaporito@socialaw.com. Registrations accepted in order of receipt. Registration fees are non-refundable. Most Social Law Library CLE events are recorded and recordings are sent to all who are registered. The recording is available by digital download, generally within a week after the program date. CLE credit, when applicable, is only granted when the live webinar is attended.