Posts tagged "1212517"

Clayman, et al. v. McLaughlin, et al. (Lawyers Weekly No. 12-125-17)

COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. 1684CV2373 DEBORAH A. CLAYMAN, individually and as trustee, and RICHARD E. MASTROCOLA, trustee1 Plaintiffs vs. JOHN T. McLAUGHLIN, et al. Defendants MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS The widow of a real estate entreprenuer sues several individuals and entities following the death of her husband. The Second Amended Complaint (“SAC”) alleges breach of fiduciary duty, aiding and abetting tortious acts, tortious interference with a contractual relationship and conversion. To briefly summarize the SAC, the widow alleges at least three wrongful acts or series of acts. First, she claims that the individual selected by her husband to be his executor (personal representative) and trustee of his revocable trust, upon the husband’s death, breached fiduciary duties to her as a beneficiary and co-trustee. Second, she alleges that the brother/business partner of her husband schemed with the executor to diminish what she was to receive under her husband’s estate planning documents. Third, she alleges that defendants are, to this day, refusing to pay to her trust amounts owed after the sale of a property and are, thus, converting those proceeds. Defendants’ move to dismiss arguing that the SAC fails to state a claim upon which relief can be granted. To address the arguments, the stage must be set from the 1 Deborah A. Clayman and Richard E. Mastrocola are the trustees of Deborah’s Trust, described herein. facts as alleged in the SAC, including the documents attached or referenced in the SAC. BACKGROUND Deborah A. Clayman married Richard I. Clayman in 2005.2 In connection with their marriage, Deborah and Richard entered into a Prenuptial Agreement dated October 13, 2005. Subsequently, Richard executed a Will and a Revocable Trust on January 25, 2006. Richard’s Will names defendant, John T. McLaughlin, as his executor (personal representative). Under the Revocable Trust, McLaughlin is named as trustee. These instruments, read together, detail Richard’s intent with respect to what Deborah should receive after Richard’s death.3 McLaughlin was a trusted friend of Richard’s. He is a lawyer and a partner in the defendant law firm, Berluti McLaughlin & Kutchin, LLP. A. Estate Plan Instruments The relevant terms of the Prenuptial Agreement are the following. Richard’s interests in nine real estate investments are defined as “Separate Property.” Richard’s interest in the real estate project known as Revere Beach at Oak Island is defined as “Marital Property.” One of the properties listed as Separate Property is Richard’s residence at 615 Revere Beach Boulevard, Revere. With respect to that property, Richard expressly agrees that upon his death Deborah shall be entitled to receive the Revere residence outright and free of encumbrances. The Prenuptial Agreement also contains the following provision for the […]

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Posted by Massachusetts Legal Resources - September 6, 2017 at 10:01 pm

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