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Trustees can’t face individual liability for alleged breach
The Appellate Division of the District Court ruled that family trust trustees were not personally liable for unpaid guardianship fees tied to a real estate sale.
Trust failure debt not dischargeable in Chapter 7 case
A bankruptcy judge rules a grandfather’s failure to create a trust for his granddaughter constitutes defalcation, making the debt nondischargeable.
Wills and trusts – Testamentary capacity
Where a judge ruled in favor of the objectors in a will contest, the judge erred by entering summary judgment on grounds not advanced by the objectors, without giving the opposing party notice and an opportunity to be heard.
Testator can serve as witness to joint codicil with spouse
A Massachusetts Probate & Family Court judge ruled a testator may serve as a witness to a jointly executed codicil, emphasizing testamentary intent over formalities.
Bankruptcy – Trust – Sham
Where a Chapter 7 trustee alleged that a Marshfield home, purportedly held in a trust for the benefit of the defendant debtor’s daughter, was legally part of the bankruptcy estate, a U.S. Bankruptcy Court judge’s decision to deny the debtor’s motion to dismiss should be upheld because the overwhelming weight of the undisputed and plausibly alleged facts supports the trustee’s contention th[...]
Estranged sister awarded late brother’s IRA
A judge ruled an estranged sister gets IRA proceeds after a widow failed to prove her husband submitted a valid beneficiary change form before his death.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
