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Probate And Family

Overcoming the Presumption of Parentage

Massachusetts Probate and Family Courts are statutorily authorized to establish parentage pursuant to complaints filed under M.G.L. c. 209C, § 5 (“209C”). Under 209C (specifically 209C, § 6(a)(1)), there exists a statutory presumption whereby the spouse of an...

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Appeals Court Reverses Conflicting Contempt Finding

In a recent decision [Hoort v. Hoort, Mass. App. Ct., No. 12-P-1853, slip op (May 28, 2014)], the Massachusetts Appeals Court reversed a Probate and Family Court Judge's finding of civil contempt against a husband, when the husband was not found in contempt for the...

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MUTC Allows Co-Trustees to Act by Majority Decision

Many individuals serve as a co-trustee of a trust, such as a family trust holding real estate or a trust of a parent or close friend after their death. Individuals who serve as a co-trustee or, more importantly, are contemplating serving as a co-trustee or successor...

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