Welcome to the story of the Smiths and the Alexanders — made-up people with a wild accumulation of fictional (but factual) circumstances that raise all kinds of probate and fiduciary litigation issues. What potential problems do you spot here? What …
As promised in my prior post on initial Guardianship and Conservatorship filings, this post will expand on issues of standing, notice, and objections.
Who can file for Guardianship or Conservatorship? Any interested party may file a Petition for Guardianship or …
My colleague, Hether Cahill, previously addressed the relationship between a guardianship and health care proxy and a conservatorship and durable power of attorney. The purpose of this blog is to further explore the use of health care proxies and durable …
As previously discussed, guardianships and conservatorships involve making personal and financial decisions for persons who are unable to make decisions for themselves. This sounds a lot like what can be accomplished by a health care proxy and power of …
Continuing with this month’s focus on special needs planning and decision-making, and building off of a prior post introducing the concepts of guardianship and conservatorship, this post will focus on the initial procedural steps in a Guardianship or Conservatorship filing, …
Depositions are a critical component of the discovery phase of most litigation, including probate litigation, for two reasons. First, a lawyer never wants to ask a question at trial to which the lawyer does not already know the answer – …
These proceedings often involve a lot of parties, and often times clients are surprised that so many “extra” people are involved in their family affairs.
Navigating governmental entitlement programs in Massachusetts can be confusing and overwhelming. In order to receive government assistance such as Medicaid (MassHealth) or Supplemental Security Income (SSI), income and asset limitations are imposed on a disabled individual. So how can a …
Alternative dispute resolution (“ADR”) is a broad term to describe methods to resolve a case outside of the traditional courtroom, such as through mediation and arbitration. Before the pandemic, cases often resolved through ADR; however, since the pandemic, there has …