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Massachusetts New York Probate & Fiduciary Litigation Newsletter

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Cases include Matter of Kotsones, 37 N.Y.3d 1154 2022 and Sloane v. Sloane, 100 Mass. App. Ct. 1125 2022

McEndree v Volke Beneficiary Affidavit Suit

In McEndree v. Volke, a beneficiary sued a trustee for breaching fiduciary duties. Though the trust was created in 1997, the beneficiary was not aware of it until 2016, and the beneficiary filed a motion for summary judgment based on deemed admissions and on the affidavit.

Flores v Branscomb Will Malpractice Suit

In Flores v. Branscomb PC, the decedent hired counsel to prepare a new will, which would have named the decedent’s granddaughter as her executor and as a beneficiary. The decedent died before signing the new will, and the granddaughter sued the decedent’s attorneys.

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