8 results found
Day Pitney LLP | USA | 6 Oct 2011
Harootian v. Douvadjian
In Harootian v. Douvadjian, Case No. 10-P-1798 (Oct. 4, 2011), the Appeals Court addressed the question of whether certain distributions of principal from a trustee to herself, as the lifetime beneficiary of the trust, were in breach of her fiduciary duties to the remainder beneficiaries.
Day Pitney LLP | USA | 29 Mar 2011
Bindman v. Parker, Shea v. Noble, MacLeod v. McManus, King v. Nazzaro
In Bindman v. Parker, Case No. SJC-10878, 2011 Mass. LEXIS 151 (Mar. 18, 2011), the Supreme Judicial Court allowed the reformation of two qualified personal residence trusts (QPRTs) to conform with the tax-saving intent of the settlors, a husband and wife.
Day Pitney LLP | USA | 10 Oct 2010
Michaud v. Forcier
In Michaud v. Forcier, Case No. 09-P-392, 2010 Mass. App. LEXIS 1296 (Oct. 5, 2010), the Appeals Court affirmed a decision of the probate court reforming the schedule of beneficiaries of a nominee trust and ordering the repayment of funds withdrawn from a joint account.
Day Pitney LLP | USA | 10 Aug 2010
Trust & estate litigation
Case law relating to trusts and estates is constantly evolving.
Day Pitney LLP | USA | 9 Jun 2010
T&E litigation update: Redding v. Proulx and Davis v. Davis
In Redding v. Proulx, Case No. 09-P-722, 2010 Mass. App. Unpub. LEXIS 580 (June 1, 2010), a decision issued pursuant to Rule 1:28, the Appeals Court addressed the shifting of the burden of proof in an undue influence action.
Day Pitney LLP | USA | 17 Mar 2010
Mannix v. Tighe, Hutchings v. City of Gardner, and Marmer v. Kaufman
Three recently reported decisions -- two of the superior court -- are worth noting briefly.
Day Pitney LLP | USA | 1 Sep 2009
T&E litigation update: Pantazis v. Tsourides
Here's the latest from the Massachusetts courts.
Day Pitney LLP | USA | 30 Dec 2008
Pantazis v. Fidrych
In the recently-reported decision in Pantazis v. Fidrych, Case No. 02-CV-0919, 2008 Mass. Super. LEXIS 386 (Worcester Super. Ct. Nov. 7 2008), the Superior Court addresses, among other things, its authority to remove a trustee.