A Family History of the Smiths & Alexanders

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 …

Planning for Incapacity or Disability

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 …

Special Needs Planning

Malley 9.3-01Navigating 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 …

We are kicking off the Fall with a two-month series focused on special needs planning, guardianships, and conservatorship issues.  We will explore special needs trusts and then dive into guardianships and conservatorships, including filing requirements for guardianships and conservatorships, who …

Resolving Cases During the Pandemic

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 …

Conducting Depositions During a Pandemic

Bentley-8.13-01

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 – …