Murphy & King attorney Michael C. Barker prevails at trial in Fiduciary Litigation Session

July 1, 2021

Murphy & King Attorney Mike Barker and Shareholder Kate Cruickshank prevailed following an in-person bench trial in the Massachusetts Probate & Family Court on behalf of the bankruptcy Trustee, Shareholder Harold B. Murphy.  The Trustee’s lawsuit arose from the executrix’s failure to administer and distribute the assets of the probate estate, in which the debtor had an interest under the residuary clause of the will.  In a lengthy post-trial decision issued by the judge in the Fiduciary Litigation Session, the Court granted the Trustee’s requested relief by appointing a commissioner to sell two undeveloped properties and ordering distribution of the proceeds to the Trustee and remaining heirs.  In issuing its findings of fact and conclusions of law, the Court relied upon the Trustee’s real estate expert’s testimony concerning the properties’ potential for development, highest and best use, and corresponding value, and rejected the executrix’s efforts to partition and preserve the land among the heirs.  Based on the evidence presented at trial, the Court also permitted the Trustee to request payment of his attorneys’ fees and costs.

About Murphy & King, Professional Corporation

Since 1980, Murphy & King, Professional Corporation has been “unraveling complexity” for its clients through prompt, practical and cost-effective solutions to the legal needs of individuals and businesses.  From startup and incorporation, to maintaining day to day operations, to resolving internal and external disputes, Murphy & King attorneys are skilled at effectively and efficiently unraveling the inherent complexities of each client’s business to ensure that it can attain its maximum potential.  The firm’s principal areas of practice are Business Litigation, Bankruptcy and Financial Restructuring, Corporate and Real Estate Transactions, and White Collar Defense and Internal Investigations.