Probate & Family Court Pilot Program: Complex Probate Litigation

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As you’ll see from the announcement below, the Probate & Family Court is soon commencing a pilot program- a dedicated session to hear complex probate litigation from the Norfolk, Middlesex, and Suffolk Divisions.

 TO PROBATE & ESTATE PRACTITIONERS OF THE NORFOLK, MIDDLESEX & SUFFOLK BAR:

 The Probate & Family Court is piloting a Fiduciary Litigation Session (FLS), to be housed in the Norfolk Division, which will hear certain contested and complex probate matters. These matters include: will or PR appointment contests; contests over the actions of an estate or trust fiduciary (guardianships are not included); removals and successor appointments; instruction and declaratory judgment actions concerning trusts and estates; validity, reformation and construction of instruments; and partition actions. The session will accept cases from the Norfolk, Suffolk and Middlesex Divisions.

Justice Elaine M. Moriarty (ret) will be hearing all cases assigned to the FLS and the session will run 3 days weekly. Judge Moriarty will be hearing cases commencing November 1, 2017.

The Probate Court will soon be issuing a Standing Order detailing this pilot session and how matters may be assigned to it. In an effort to immediately assign cases for hearing in November, if you currently have a matter which meets the specifications above, the Court will accept for consideration an Assented to Motion to Schedule Status/Case Management Conference in the FLS. Such Motion may be emailed in .pdf format to Jennifer A. Maggiacomo, Esq. at [email protected] to be acted upon by the Justice currently assigned to the matter.