U.S. Supreme Court Upholds Retroactive Application of Revocation-on-Divorce Statutes

In an eight-to-one decision, the U.S. Supreme Court approved of the retroactive application of revocation-on-divorce statutes—laws that revoke beneficiary designations and other dispositions to a spouse automatically when a couple divorces.  Since Massachusetts has enacted a revocation-on-divorce statute, the decision has implications for residents of the Bay State. The case involved an insurance policy purchased […]

A Cautionary Tale About Statutes of Limitations

A case recently heard by the Norfolk County, Massachusetts Superior Court serves as a reminder of the importance of paying attention to statutes of limitation and requirements for service of process, especially in cases involving estates. Under Massachusetts law, a personal representative does not need to acknowledge any claim by a creditor of the decedent […]

New MBA Ethics Opinion Discusses Release of Deceased Client’s Estate Planning File

It’s a situation that estate planning petitioners sometimes encounter: a relative of a recently deceased client requests a copy of the attorney’s file relating to the execution of the decedent’s will.  Sometimes it’s the proponent of the will.  Sometimes it’s a disappointed heir who has mounted (or is considering) a will contest.  Maybe the file […]