Trusts and Estates Case Alerts

Summary: A trustee who is also the donee of a general power of appointment over the trust assets may exercise that power in his own favor without liability because as donee he holds the power in a nonfiduciary capacity. Read more

Summary: Trustees representing themselves do not engage in the unauthorized practice of law in probate matters not involving third parties. Read more

Summary: The trial court is not required to employ an effectiveness test before awarding attorneys’ fees and costs to the Attorney General in a charitable trust enforcement action. Read more

Summary: A person who misappropriates estate property in bad faith must return the property, plus pay twice the property’s value as a separate penalty. Read more

Summary: Unambiguous wills may be reformed based on extrinsic evidence establishing clear and convincing evidence of a mistake in the drafting, and of the testator’s actual and specific intent. Read more

Summary: LPS conservatees are similarly situated to persons found not guilty by reason of insanity and individuals subject to other involuntary civil commitments for purposes of the right against compelled testimony. Read more

Summary: Where a trust beneficiary held a contingent future interest in the trust’s residue, he was entitled to notice and an opportunity to be heard on a petition eliminating that interest. Read more

Summary: A proposed conservatee must appear at the conservatorship hearing unless certain exceptions are met. Read more

Summary: A former beneficiary of a trust whose interest was eliminated by a subsequent amendment has standing to challenge the subsequent amendment in the Probate Court. Read more

Where the decedent kept a “permanent record” listing lifetime gifts to his children, the gifts were properly treated as advances on inheritance and deducted from at-death transfers under the trust. Read more