Date & Time: Wednesday, January 19, 2022 from 4:00 – 6:00 pm
Program Fee: $50
This program is online only.
Cosponsored with the Greater Boston Family Inn of Court
Hon. Amy L. Blake, Massachusetts Appeals Court
Lisa M. Cukier, Esq., Partner, Burns & Levinson
David H. Lee, Esq., Partner, Lee & Rivers
Denise M. Fitzgerald, Esq., Probate & Family Court
This panel will provide family and fiduciary litigators with overviews of the 2021 decisions of the Supreme Judicial Court and the Appeals Court that affect those practice areas. Goals of this program include keeping the bar up to date on the courts’ activities in the year 2021 and ensuring that practitioners have access to the most recent information from another challenging year of pandemic lawyering. Samples of cases to be discussed include:
- Guilfoil v. Secretary of the Executive Office of Health and Human Services, 486 Mass. 788 (2021): life estate in home retained by trust settlor is not a countable asset in determination of settlor’s Medicaid eligibility where the trust is not a true trust but a nominee trust
- Fournier v. Secretary of the Executive Office of Health and Human Services, 486 Mass. 43 (2021): life estate in home retained by trust settlor is not a countable asset in determination of settlor’s Medicaid eligibility even where the settlor retains a limited power of appointment
- Foley v. Tevnan, 99 Mass. App. Ct. 1105 (2021) (unpublished): upholding transfer of beneficial interest in a trust to an attorney as payment for legal services rendered
Divorce and Family Cases
- Dolan v. Dolan, 99 Mass. App. Ct. 284 (2021): trial judge did not err by declining to modify husband’s alimony payments at the time but ordering downward modification to commence five months after date of modification judgment.
- Guardianship of Keanu, 100 Mass. App. Ct. 64 (2021): trial judge did not err by terminating parental rights of biological mother of a child and continuing guardianship of intended mother where the biological mother had entered an informal surrogacy arrangement with the intended mother but subsequently reneged on the arrangement
- Parker v. Parker, 99 Mass. App. Ct. 1130 (2021) (unpublished): trial judge erred by finding former husband in contempt for referring to child support and alimony payments as former wife’s “allowance”