Probate, Trust and Fiduciary Litigation

Trish Davidson quoted in "Ambiguity Found Between Trust Document, code provision," Massachusetts Lawyers Weekly

Patricia Davidson quoted in The Balance, "What is Contesting a Will?"

Contesting a will is the process of disputing someone's last will and testament, often by presenting evidence about why it's invalid according to state law.

Successor Fiduciary Liability: When the Follower Must be the Leader

Patricia Davidson to Present "Updates in Probate Law" at the 2021 MBA Probate Law Conference

Patricia Davidson Co-authors Bloomberg Tax article "The Evolving Role of Trust Protectors"

Trusts and Estates Newsletter - Spring 2018

Representative Matters

• Persuaded the Appeals Court to reverse a judgment and find that the defendant trustees, stockholders, officers and directors breached their fiduciary duties and engaged in self-dealing by committing trust assets to unauthorized business ventures
• Negotiated the resolution of a long-term dispute among siblings by forcing the sale of real estate through a petition to partition
• Successfully defended beneficiaries who were sued by the decedent’s sister in an action to determine title to real estate
• After commencement of trial, favorably settled a case in which the will was executed by an individual suffering from Alzheimer’s disease who was vulnerable to undue influence
• Successfully opened a guardian’s three accounts by showing fraud and manifest error against the guardian in which the guardian mismanaged the ward’s estate 
• Prevented a co-executor’s attempt to gain sole control of an estate after the co-executor forged our client’s name, misappropriated estate assets and violated an injunction
• Successfully petitioned the Supreme Judicial Court to reform trusts so that the reformation would be recognized for federal transfer tax purposes

Getting All Your 'Docs' in a Row: Trusts and Estates Blog

PLANNING TO KEEP CONTROL

This article was co-authored by Arthur Bergeron and Leah Kofos. Does this dilemma sound familiar?  On one hand, you want to keep control of your life and make all of financial and medical decisions yourself.  On the other hand, you …

Living with Memory Loss

Thirty years ago next month, my mother died in a nursing home.  Back then, there weren’t open discussions, shared knowledge, or resources available to people with Alzheimer’s Disease.  Most seniors died from “hardening of the arteries” or just “old age.” …

Financial Planning for Seniors

This article was authored by elder law attorneys Arthur P. Bergeron and Leah Kofos. To whom do you trust to give your financial planning advice?  Your accountant?  Your kids?  The guy you have coffee with at Dunkin Donuts?  Your lawyer? …

Extension of 2020 Massachusetts Tax Return Filing and Payment

This article was authored by Allen J. Falke, Tracy A. Craig, and Leah Kofos. Following the recent federal extension for tax filings, Massachusetts has announced that it will extend the filing and payment deadline for individual income tax returns until …

Extension of 2020 Federal Tax Return Filing and Payment

This article was authored by Allen J. Falke, Tracy A. Craig, and Leah Kofos. The Internal Revenue Service announced yesterday that the federal income tax filing and payment deadline for individuals will be extended until May 17, 2021. This extension …

A Few Tips for Tax Season

This article was authored by elder law attorneys Arthur P. Bergeron and Leah A. Kofos. I love being at Mirick O’Connell because when my elder clients inevitably call me at this time of year asking tax questions, I can always …

Planning to Stay Home

Most seniors, like my friends Frank and Mary, hope they can live in their home until they die.  But hope is not a plan. Here are some tips: Make your home safe. The older you get the greater the risk …

The Planning You Need to Qualify for MassHealth

In previous columns I have explained how, whether you are single or married, you can always qualify for MassHealth at the last minute if you need to.    Knowing that to be true, do you still need to plan ahead?  The …

Giving it All Away (Or at Least Some of It)

Every December my clients ask whether or not it makes sense to make gifts to their loved ones.  In addition to getting to hear “thank you”, there are several advantages to giving assets away before you die, with few disadvantages.  …

Single? Need to Qualify for MassHealth?

It is important to know your options when it comes to qualifying for MassHealth should you require home health care or nursing home care. Many seniors who are single often lose sleep worrying about this very issue. Rest assured, whether …