Within the next two decades, unprecedented wealth will pass between generations in the form of lifetime gifts and transfers through wills and trusts. Inevitably, conflicts concerning this transfer of wealth will arise—often causing painful and expensive disputes. Our attorneys have the requisite experience to counsel the parties involved with these transfers, and they have the tenacity necessary to resolve any disputes that may arise.
The Probate, Trust and Fiduciary Litigation Group represents executors, administrators, trustees, guardians, conservators, beneficiaries and other family members. The integration of our experienced Trusts and Estates Group with our skillful litigation and trial attorneys enables us to provide sound legal advice and creative dispute-resolution strategies. While our attorneys strive to seek practical, prompt resolutions, they also have extensive experience trying cases when necessary. Above all, we recognize that it is our responsibility not only to guide our clients through sophisticated financial and legal matters, but also to understand the often-complex emotional and psychological challenges of probate litigation.
Practice Chair
Patricia L. Davidson
Partner
Timothy D. Braughler
Partner
Paul C. Foley
Partner
Nancy E. Gunnard
Of Counsel
Peter J. Hamilton, II
Of Counsel
Jared J. Madison
Associate
Elizabeth V. Newton
Associate
Kevin J. O'Connor
Partner
Kevin A. Robinson
Associate
Grace C. Roessler
Partner
John R. Silva
Associate
Tara J. Cushing
Paralegal
Attorney Kevin J. O'Connor Joins Mirick
[ read full story ]Trish Davidson quoted in "Ambiguity Found Between Trust Document, code provision," Massachusetts Lawyers Weekly
[ read full story ]Patricia Davidson quoted in The Balance, "What is Contesting a Will?"
Contesting a will is the process of disputing someone's last will and testament, often by presenting evidence about why it's invalid according to state law.
[ read full story ]Successor Fiduciary Liability: When the Follower Must be the Leader
[ read full story ]Patricia Davidson to Present "Updates in Probate Law" at the 2021 MBA Probate Law Conference
11/08/2021[ read full story ]Patricia Davidson Co-authors Bloomberg Tax article "The Evolving Role of Trust Protectors"
11/06/2020[ read full story ]Trusts and Estates Newsletter - Spring 2018
06/01/2018[ read full story ]Representative Matters
- Persuaded the Appeals Court to reverse a judgment and find that the defendant trustees, stockholders, officers and directors breached their fiduciary duties and engaged in self-dealing by committing trust assets to unauthorized business ventures
- Negotiated the resolution of a long-term dispute among siblings by forcing the sale of real estate through a petition to partition
- Successfully defended beneficiaries who were sued by the decedent’s sister in an action to determine title to real estate
- After commencement of trial, favorably settled a case in which the will was executed by an individual suffering from Alzheimer’s disease who was vulnerable to undue influence
- Successfully opened a guardian’s three accounts by showing fraud and manifest error against the guardian in which the guardian mismanaged the ward’s estate
- Prevented a co-executor’s attempt to gain sole control of an estate after the co-executor forged our client’s name, misappropriated estate assets and violated an injunction
- Successfully petitioned the Supreme Judicial Court to reform trusts so that the reformation would be recognized for federal transfer tax purposes
