The Massachusetts Appeals Court recently denied a mortgagee's attempt to invoke the doctrine of equitable subrogation to hold the surviving spouse of a mortgagor liable for a second mortgage on their residence--owned by the married couple as tenants in the...
The largest asset in an estate is often real estate, such as the family home. Sometimes the decedent owns additional real estate, such as a vacation home or an income-producing rental property. What happens to such property varies in every situation and poses...
With the recent enactment of the Massachusetts Uniform Trust Code ("MUTC") and the Massachusetts Uniform Probate Code ("MUPC"), several procedural differences have become more prominent between probate and equity cases pending at the Probate and Family Courts.First,...
With the recent enactment of the Massachusetts Uniform Trust Code and the Massachusetts Uniform Probate Code, there are procedural changes governing how an appointed fiduciary voluntarily resigns. Amended M.G.L. c. 190B, § 3-610 governs the resignation of a personal...
