This program will provide a
general overview of the relevant statutes of limitations applicable to estate
and trust matters, when they apply, and how they work. Our faculty will then
focus on two recent decisions by the Supreme Judicial Court.
In Gates v. Reilly, 453
Mass. 460 (2009), the SJC discussed the one-year statute of limitations
applicable to claims by creditors of an estate (Mass. G.L. ch. 197, § 9) and the
grounds for obtaining relief therefrom under Mass. G.L. ch. 197, § 10. In
O'Connor v. Redstone, 453 Mass. 460 (2008), the SJC discussed when the
three-year statute of limitations on a claim for breach of fiduciary duty
against a trustee begins to run, and raised related issues concerning successor
trustee liability for breaches of fiduciary duties by predecessor
trustees.
Faculty:Michael R. Christy, Esq., program chair
Mirick, O'Connell, DeMallie and Lougee LLP, Worcester
David H. Abbott, Esq.
Simonds, Winslow, Wilson & Abbott, Boston
John J. Pankauski, Esq.
Pankauski Law Firm, PLLC, West Palm Beach
Sponsoring Section: Probate Law Section