CASES

 

Estate of Fostine Todd

 

I was appointed by the Probate Court to review the final account of the executor, a bank, of Ms. Todd's estate.

After review and negotiations, the Bank agreed to reduce its fee in half. This case highlights the issue of what fee an executor may charge.

In this case the Bank argued that it was entitled to charge its fee based on its fee schedule despite the statute that requires the executor's fee to be "reasonable." The practice of overbilling by fiduciaries is an issue that needed to be addressed. This case was the focus of an article published in Massachusetts Lawyers Weekly.

 

 

 

 

Guardianship of Jackson, 61 Mass. App. Ct. 768 (2004)

 

I represented the adult son in a proceeding brought by the parents who sought a guardianship and authorization to treat their son with antipsychotic medication. The judge ruled that the petitioners had failed to sustain their burden of demonstrating that, at the time of trial, their son was incompetent by reason of mental illness to manage his own personal and financial affairs, thereby permitting my client to think or act for himself as to matters concerning his personal health, safety, and general welfare, and to make informed decisions as to his property or financial interests. 

 

 

Adoption of Peggy, 436 Mass. 690 (2002)

 

I represented a physically abused child of a foreign national, temporarily residing in the United States. In a case of first impression in the Commonwealth, the Supreme Judicial Court ruled that neither Federal immigration law nor international law was violated, thereby permitting her to be adopted by her foster parents.

 

 

Batterson v. Batterson, Appeals Court, 06-P-1602, (2008)

 

I represented the husband, who was adjudged in contempt for failing to pay his former wife her 25% share of his military retirement benefit. On appeal, the Appeals Court reversed the Probate Judge and found him not to be in contempt and ruled that the former spouse was responsible for the payment of taxes on her share of the retirement benefits.  

 

OTHER PUBLISHED DECISIONS

 

Adoption of Don, 435 Mass. 158

Adoption of Sean, 36 Mass. App. Ct. 261  

Commonwealth v. Dunn, 43 App. Ct. 58

Commonwealth v. Brouillard, 40 Mass. App. Ct. 448

Adoption of Simone, 427 Mass. 34

Adoption of Serge, 52 Mass. App. Ct. 1

Adoption of Derrick, 415 Mass. 439

Adoption of Karla, 46 Mass. App. Ct. 64

Care and Protection of Inga, 36 Mass. App. Ct. 660

Adoption of Nate, 69 Mass. App. Ct. 371

Commonwealth v. Sylvia, 57 Mass. App. Ct. 66