The Supreme Judicial Court of Massachusetts was asked to answer three questions certified by the Connecticut Supreme Court with regards to the ability of a trustee to decant assets from an irrevocable Massachusetts trust to a new trust resulting from pending divorce proceedings. The trustees of the 1983 irrevocable trust decanted assets to a new […]
The Massachusetts Appeals Court held that a Probate and Family Court judge did not abuse her discretion when she awarded reimbursement for fees and costs incurred in defense of litigation initiated by trust beneficiaries against trustees. The fee award was proper even though it approximated forty-five percent of the value of the trust assets. The […]
The decedent’s three sons brought an action against the decedent’s second wife, claiming they were entitled to the proceeds of their father’s life insurance policy and the second wife was unjustly enriched when she received the proceeds. Under the terms of a divorce agreement with his first wife, the decedent was obligated to maintain a […]
The decedent’s three sons brought an action against the decedent’s second wife, claiming they were entitled to the proceeds of their father’s life insurance policy and the second wife was unjustly enriched when she received the proceeds. Under the terms of a divorce agreement with his first wife, the decedent was obligated to maintain a […]
In this Bristol Probate and Family Court case, Plaintiff is the Personal Representative and Trustee of the Oakland Peixoto Realty Trust established by Decedent, Joseph A. Peixoto. Plaintiff executed an Amended Schedule of Beneficiaries to the Realty Trust under a Power of Attorney, increasing her share of the Trust. This change was made based on […]
In prior proceedings of this Massachusetts Supreme Judicial Court case, the Probate and Family Court of Norfolk County entered an amended judgment of divorce awarding Diane 60% of Curt’s interest in his father’s trust. The Appeals Court affirmed, but on August 4, 2016 the SJC vacated and remanded, holding that Curt’s remainder interest in his […]
In prior proceedings of this Massachusetts Supreme Judicial Court case, the Probate and Family Court of Norfolk County entered an amended judgment of divorce awarding Diane 60% of Curt’s interest in his father’s trust. The Appeals Court affirmed, but on August 4, 2016 the SJC vacated and remanded, holding that Curt’s remainder interest in his […]