Disinherited Son Can't Challenge Appointment Of Personal Rep

Litigation Practice Chair Scott Ford's recent triumph in an Appeals Court case representing Pamela Birkenfeld has been spotlighted by Massachusetts Lawyers Weekly. The Appeals Court ruled that a disinherited son's classification as an 'interested person' under the Massachusetts Uniform Probate Code does not grant him the standing to contest his stepmother's appointment as a personal representative for his father's estate.

Ford said, "Both common law and the MUPC recognize that the circumstances of each case must be considered in the determination of a petitioner's claim of interest. Here, that point is particularly important, given that [Bradley] has waged an unsuccessful three-year, three-court litigation campaign against [Pamela] in an effort to harass her and cause her to spend legal fees unnecessarily."