Estate Planning - MA case law
Terms
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- D.L. v. G.L.
- TTT
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Sullivan v. Burkin
390 Mass. 864 (1984) - Elective share applies to trusts created by decedent after 1/23/1984
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Stackhouse v. Todisco
370 Mass. 860 (1976) - Method of internment lies with spouse, and then next of kin
- Azarian
- Case re need to appoint guardian ad litem if executor and trustee are the same
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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
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Fazio v. Fazio
375 Mass. 394 (1978) - Mental illness alone does not necessitate a guardianship on its face
- Aster v. Cohen
- TTT
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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
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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
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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
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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
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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
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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
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State Street Bank Co. v. Reiser
7 Mass. App. Ct. 633 (1979) - Creditors may reach assets held in revocable trust