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20 Cards in this Set
- Front
- Back
D.L. v. G.L.
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TTT
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Sullivan v. Burkin
390 Mass. 864 (1984) |
Elective share applies to trusts created by decedent after 1/23/1984
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Stackhouse v. Todisco
370 Mass. 860 (1976) |
Method of internment lies with spouse, and then next of kin
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Azarian
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Case re need to appoint guardian ad litem if executor and trustee are the same
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Claflin, Petitioner
336 Mass. 578 (1958) |
The appointment of a GAL may be waived if the interest of the persons unborn, unascertained, or incompetent are represented by someone other than the accountant
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Fazio v. Fazio
375 Mass. 394 (1978) |
Mental illness alone does not necessitate a guardianship on its face
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Aster v. Cohen
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TTT
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Miller v. Mooney
431 Mass. 57 (2000) |
An attorney owes his or her duty of care to the testator as client and not the beneficiaries of the will
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Clymer v. Mayo
393 Mass. 754 (1985) |
The amount in controversy is taken into consideration in granting attorney's fees
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McMahon v. Krapf
323 Mass. 118 (1948) |
The following factors are used in determining executor's fees:
1) size of estate 2) marketable nature of assets 3) questions involved in administration 4) time required for work 5) skill and ability 6) amounts usually paid 7) results |
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Cummings v. National Shawmut Bank
284 Mass. 563 (1933) |
Attorney's fees based upon:
1) ability of attorney 2) demand for his or her services 3) importance of the matter 4) time spent 5) amounts usually paid 6) amount at stake and results |
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Grimes v. Perkins Sch. for the Blind
22 Mass. App. Ct. 439 (1986) |
Courts generally disapprove of percentage fees for non-professional fiduciaries
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L.W.K. v. E.R.C.
432 Mass. 438 (2000) |
Child support obligations can be increased after death if size of estate jumps upwards
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Strange v. Powers ?
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Guardian cannot create a will under 201 s. 38
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Ware v. Gulda
331 Mass. 68 (1954) |
Massachusetts law allows creditors to reach trust assets to the maximum extent that the Trustee could make distributions to the Grantor
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Clymer v. Mayo
393 Mass. 754 (1985) |
Only those with a legal interest in a decedent's estate have standing to seek removal of an executor
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Packaging Industries Group, Inc. v. Cheney
380 Mass. 609 (1980) |
In order for a temporary restraining order to stand, the petition must both establish that there is a significant risk of irreparable harm and a likelihood of success of the merits
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Onanian v. Leggat, 2 Mass. App. Ct. 623 (1974)
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Fiduciary must obtain the highest price for real estate sold, notwithstanding an existing P&S
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Perry V. Perry, 339 Mass. 470 (1959)
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Petition for removal of Trustee is under probate, not equity, jurisdiction court
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State Street Bank Co. v. Reiser
7 Mass. App. Ct. 633 (1979) |
Creditors may reach assets held in revocable trust
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