Sarah Eberspacher, Charles Jacob III, Molly Quinn, Marshall Senterfitt, Mark Swirbalus, of Goulston & Storrs PC, have made available for download their article, Probate & Fiduciary Litigation Newsletter – February 2022, published in JDSUPRA. The abstract is as follows:
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court.
Intentional Interference and Unjust Enrichment Claims in Connection with a Trust Not Barred by the One-Year Limitation for “Trust Contests” in Massachusetts
Are claims for intentional interference with a gift expectancy, and unjust enrichment of those who benefitted from a trust’s modification, barred by Massachusetts’ one-year limitations period for claims to “contest the validity of a trust”? In Sacks v. Dissinger, 2021 WL 6129759 (Sup. Jud. Ct. December 29, 2021), the Supreme Judicial Court of Massachusetts answered this important question in the negative, and allowed the claims to proceed.
Posted by Jessica Ji, Associate Editor, Wealth Strategies Journal.