Planning for Life

No Legal Right to Notice, But How About a Moral Right?

Posted by Harry S. Margolis on January 10, 2022

By Harry S. Margolis

Margolis-Bloom-D'agostino-Revocable-trust-irrevocable-trust

The case of In the Matter of the Colecchia Family Irrevocable Trust (Mass. App. Ct. 20-P-224, November 29, 2021) involves the claim of Michael Colecchia that he should be compensated for the years of work he performed maintaining his parents' home in Revere which he says he would not have done had he known the house had been placed in an irrevocable trust of which he was only a 10% beneficiary. The question ultimately is what notice was Michael entitled to as beneficiary of the trust.

(The case also involves a number of procedural and notice issues which will be useful for anyone involved in trust litigation, but of less interest to general readers.)

The Facts

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Topics: probate litigation

Post-Divorce (or Separation), Check Your Beneficiary Designations

Posted by Harry S. Margolis on June 21, 2021

By Harry S. Margolis

life-insurance-beneficiary-designations-estate-planning-attorney-Wellesley-MA-02481

The unfortunate case of Dora Jean McCormick v. Sara C. Lischynsky (U.S. Dist. Ct. MA CA No. 19-10433-FDS, May 14 2021) demonstrates the need to review and update beneficiary designations on retirement accounts and life insurance policies after a change in circumstances.

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Topics: divorce, probate litigation

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