In Victor v. Massachusetts Executive Office of Health & Human Services, Case No. 09-P-1361, 2010 Mass. App. Unpub. LEXIS 844 (July 21, 2010), a decision issued pursuant to Rule 1:28, the Appeals Court affirmed a denial of Medicaid benefits on the grounds that a family trust established by the plaintiff's husband is a Medicaid-qualifying trust. For trusts created before August 11, 1993, a Medicaid qualifying-trust is defined as one created or funded by the individual or his or her spouse, other than by will. Here, the court held that the family trust is a Medicaid-qualifying trust because, contrary to the plaintiff's argument, the trust was not funded solely through her husband's will. The family trust was created independently of the will as an inter vivos trust. Therefore, the assets of the family must be counted in determining the plaintiff's eligibility for Medicaid benefits.In Carrison v. Smiddy, Case No. 09-P-1718, 2010 Mass. App. Unpub. LEXIS 863 (July 22, 2010), another decision issued pursuant to Rule 1:28, the Appeals Court affirmed a decision dismissing claims against the defendant trustee of a family trust for breach of fiduciary duty by making distributions prior to the settlor's death, favoring one side of the family (the Smiddy side) over the other (the Carrison side). Although these distributions were inconsistent with the settlor's intent to treat her children equally, the distributions were consistent with the settlor's intent to reduce the taxes on her estate. "Given the large tax savings and relatively small net disparity in distributions to the families, we cannot conclude that the judge's finding that [the defendant] had not breached his fiduciary duty to [the settlor] or to the residual beneficiaries was clearly erroneous."
On November 9, Peter M. Shapland, chair of Day Pitney’s Trust Services and Fiduciary Compliance practice group and chair of the firm’s Trust Oversight Committee, served as a panelist at the Massachusetts Bar Association’s Sixth Annual Probate Law Conference held in Norwood, MA.
On October 10, Tiana Gianopulos will be a panelist at the Business and Professional Women's Success Series breakfast, presented by the Town and County Club in Hartford, CT.
On June 14, Angela Titus McEwan will be speaking on Estate Planning at a Variable Annuity Life Insurance Company (VALIC) Financial Literacy Seminar at CarePoint MSO in Jersey City, NJ.
Jay Kauffman and Paul Marino authored an article, "How Florida Affirmed Fiduciaries' Lawyer-Client Privilege," published by Law360.
Day Pitney partner Angela Titus McEwan authored an article, “Recent Cases Address Undue Influence in Will Contests,” published by the New Jersey Law Journal.
Gary Betensky and Michael Napoleone were featured in a profile, "Day Pitney LLP: Firm Expands to Better Serve South Florida Clients," published in the March issue of The Boca Raton Observer magazine.
Day Pitney Press Release
Day Pitney associate Darian Butcher has been elected as Vice President of the Board of Directors of GLBTQ Legal Advocates & Defenders (GLAD).
Day Pitney Press Release
Day Pitney associate Darian Butcher has been elected to serve on the Board of Directors of the Massachusetts Chapter of the Federal Bar Association (FBA).