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25 October 2017
By Robert L. Kirby, Jr. and Thomas E. Kenney The Massachusetts Supreme Judicial Court (“SJC”) recently issued a landmark ruling in a case of first impression, overturning a probate court judgment against Pierce & Mandell’s clients. Robert L. Kirby, Jr. argued the case before the six-justice panel, and Thomas E. Kenney assisted in preparing the appellate briefs. The case concerned...
22 June 2017
By: Scott M. Zanolli The Massachusetts Appeals Court recently affirmed a decision by Judge Virginia Ward, of the Suffolk County Probate Court, granting summary judgment to Pierce & Mandell’s client in a lawsuit seeking a declaration regarding the interpretation of a will. Michael C. Fee argued the case before the three-justice panel, and Scott M. Zanolli and Curtis B. Dooling...
10 March 2017
By Robert L. Kirby, Jr. Ajemian v. Yahoo! Inc.: On March 9, Robert Kirby argued before the Supreme Judicial Court in a case of first impression. The issue before the Court was whether the federal Stored Communications Act, 18 U.S.C. 2701, et seq. bars providers of electronic communication services (in this case, Yahoo!) from divulging the contents of a deceased...
20 December 2016
By Robert L. Kirby, Jr. In Ajemian v. Yahoo!, we represent the personal representatives of an estate seeking to gain access to the contents of a decedent’s Yahoo! email account. The Probate Court ruled that the Stored Communications Act, 18 U.S.C. 2701 et. seq., prohibited Yahoo! from divulging the contents of the email account to the personal representatives. We appealed....
8 October 2015
By: Scott M. Zanolli Last month Judge Virginia Ward of the Suffolk Probate Court granted summary judgment to Pierce & Mandell litigators Michael C. Fee and Scott M. Zanolli in a lawsuit seeking a declaration of our client’s rights to real property under the terms of a will. The case involved an unusual scenario where our client’s entitlement to a...
3 June 2015
By: Scott M. Zanolli A recent Massachusetts Appeals Court decision highlights the importance of having a comprehensive estate plan in place to govern the distribution of assets after death. It is particularly important to ensure that there is a valid will in place when utilizing a trust to dictate the management and distribution of assets. Should either a will or...
13 November 2013
By: Scott M. Zanolli The purpose of estate planning is to identify your personal and financial goals during your lifetime, protect your assets, designate individuals who will act on your behalf in the event that you need assistance, or manage and distribute your assets after your death. Will A will provides the tools for distribution of your assets upon your...
29 May 2013
Bob Kirby and Tom Kenney recently achieved a major victory before the Massachusetts Appeals Court in a case concerning the ownership of a decedent’s email content. Our clients were the duly appointed administrators of the estate of their late brother and had requested access to his Yahoo! email account in connection with their efforts to marshal estate assets. When Yahoo!...
23 January 2013
By: Scott M. Zanolli Those dissatisfied with the testamentary provisions of a decedent’s will or trust can usually challenge the instrument by bringing a will contest proceeding in the Probate Court. While the recent enactment of the Massachusetts Uniform Probate Code streamlines procedures to a certain extent, the substantive law of will contests remains unchanged. There are several well-established rationales...
18 December 2012
The Massachusetts Uniform Trust Code ("MUTC") was recently signed into law and applies to all trusts in existence before, on, or after its effective date, with a few provisions that apply prospectively only. The MUTC clarifies and, in some cases expands, the rights of trust beneficiaries, gives trustees more flexibility in administering trusts, and reduces the need for court supervision...
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