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Probate, Will And Trust Litigation Cases

Kurt Kusiak obtained a favorable monetary settlement for our client in a large, multi-party will contest involving cross-petitions to probate two different wills. Through negotiations and mediations with opposing counsel, the parties resolved the litigation through a compromise agreement that included the appointment of a neutral personal representative as the fiduciary.

Jonathan Fitch settled an estate litigation matter for our client, the sole beneficiary of a large estate, including obtaining a court-ordered removal of the personal representative.

Kurt S. Kusiak obtained a dismissal of claims against our clients, professional trustees, made by the income beneficiary. Through a motion for summary judgment, Kurt and Hether achieved a near complete victory when the Probate and Family Court dismissed the plaintiff’s claims for breach of fiduciary duty and violation of the Massachusetts consumer protection statute (G.L. c. 93A), which were based upon the plaintiff’s belief that she was denied discretionary distributions of trust principal. After the favorable summary judgment decision, the remaining claim for removal was voluntarily dismissed by the plaintiff through a stipulation for dismissal.

Steven E. Gurdin obtained a court-ordered termination of a trust. Our client, the trust beneficiary, sought the removal of the trustee and the termination of the trust. Steven and Hether negotiated with opposing counsel to settle the dispute with the trustee and the remainderman beneficiaries, to appoint a successor trustee, and to file an agreement for judgment to terminate the trust. The Massachusetts Uniform Trust Code was enacted during the pendency of the case, thereby changing the standards by which a court will terminate a trust.

Steven E. Gurdin obtained summary judgment on behalf of a client involved in a will contest. The firm’s client petitioned to probate his mother’s will, and his sister filed an affidavit of objections alleging that the client unduly influenced the will. The Probate Court allowed the client’s motion for summary judgment, struck the sister’s affidavit of objections, and appointed the client the Executor of their mother’s estate.

Andrea Peraner-Sweet and Robert Mendillo won judgment dismissing a case brought against their client in a bitter will dispute. The decedent’s daughter claimed that the firm’s client had misappropriated money that she was entitled to inherit. Not only did the Probate Court enter judgment dismissing the case without a trial, it ruled that the substantial money at issue was the immediate property of the firms client.

Jonathan W. Fitch obtained dismissal of a contract action brought by a former fiduciary against our clients.

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