Glossary of Estate Planning - MA case law

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D.L. v. G.L.
Sullivan v. Burkin
390 Mass. 864 (1984)
Elective share applies to trusts created by decedent after 1/23/1984
Stackhouse v. Todisco
370 Mass. 860 (1976)
Method of internment lies with spouse, and then next of kin
Case re need to appoint guardian ad litem if executor and trustee are the same
Claflin, Petitioner
336 Mass. 578 (1958)
The appointment of a GAL may be waived if the interest of the persons unborn, unascertained, or incompetent are represented by someone other than the accountant
Fazio v. Fazio
375 Mass. 394 (1978)
Mental illness alone does not necessitate a guardianship on its face
Aster v. Cohen
Miller v. Mooney
431 Mass. 57 (2000)
An attorney owes his or her duty of care to the testator as client and not the beneficiaries of the will
Clymer v. Mayo
393 Mass. 754 (1985)
Only those with a legal interest in a decedent's estate have standing to seek removal of an executor
McMahon v. Krapf
323 Mass. 118 (1948)
The following factors are used in determining executor's fees:
1) size of estate
2) marketable nature of assets
3) questions involved in administration
4) time required for work
5) skill and ability
6) amounts usually paid
7) results
Cummings v. National Shawmut Bank
284 Mass. 563 (1933)
Attorney's fees based upon:
1) ability of attorney
2) demand for his or her services
3) importance of the matter
4) time spent
5) amounts usually paid
6) amount at stake and results
Grimes v. Perkins Sch. for the Blind
22 Mass. App. Ct. 439 (1986)
Courts generally disapprove of percentage fees for non-professional fiduciaries
L.W.K. v. E.R.C.
432 Mass. 438 (2000)
Child support obligations can be increased after death if size of estate jumps upwards
Strange v. Powers ?
Guardian cannot create a will under 201 s. 38
Ware v. Gulda
331 Mass. 68 (1954)
Massachusetts law allows creditors to reach trust assets to the maximum extent that the Trustee could make distributions to the Grantor
Packaging Industries Group, Inc. v. Cheney
380 Mass. 609 (1980)
In order for a temporary restraining order to stand, the petition must both establish that there is a significant risk of irreparable harm and a likelihood of success of the merits
Onanian v. Leggat, 2 Mass. App. Ct. 623 (1974)
Fiduciary must obtain the highest price for real estate sold, notwithstanding an existing P&S
Perry V. Perry, 339 Mass. 470 (1959)
Petition for removal of Trustee is under probate, not equity, jurisdiction court
State Street Bank Co. v. Reiser
7 Mass. App. Ct. 633 (1979)
Creditors may reach assets held in revocable trust

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