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Joseph D. Kropp concentrates his practice in
probate litigation and civil litigation. Joe's probate litigation
practice includes will contests, trust and estates disputes, contested
guardianships and conservatorships, representing
trustees and other fiduciaries, beneficiaries and heirs. He also has
extensive experience advising and representing individual and corporate
clients in a wide range of civil cases, including business, contract,
employment, partnership and real estate. Joe has successfully tried
numerous cases in the Probate and Superior Courts of
Massachusetts. He has won appeals in both the Massachusetts
Appeals Court and the Supreme Judicial Court. In adddition, Joe also settled
many cases through alternate dispute resolution including mediation and arbitration.
He is a frequent lecturer and panelist for
legal education programs.
Martindale Hubble awarded Joe an "AV" rating,
the highest rating for professional excellence given to those attorneys
who have been recognized by their peers and judges for both legal
expertise and ethical standards. He has been repeatedly selected
as a "Super Lawyer" for litigation by Boston Magazine on its
annual list of the best lawyers in Massachusetts awarded to only 5% of Massachusetts lawyers.
Civil Litigation
Successfully defended an environmental company in
a multi-million dollar professional malpractice claim and received
court award of $200,000 for attorneys’ fees and defense costs.
Represented out-of-state corporate defendant and
secured an immediate dismissal of the plaintiff’s lawsuit. After
the plaintiff appealed to the Massachusetts Appeals Court and reversed
the dismissal, successfully convinced the Supreme Judicial Court to
hear a further appeal and then secured a unanimous decision of the
Supreme Judicial Court reversing the Appeals Court and dismissing the
entire case.
Represented corporation and its officers,
successfully moved for dismissal of all claims, then received an award
of attorneys' fees.
Successfully enforced a pre-trial oral settlement
agreement for a defendant after the plaintiff reneged on the settlement
and recovered $15,000 in attorney's fees.
Probate Litigation
Represented trustee in suit to recover over
$300,000 in estate taxes. Successfully secured a judgment,
despite estate’s defenses, within two months of filing the lawsuit,
which resulted in an order that the estate pay the trust back all
estate taxes plus 12% interest.
Successor counsel for beneficiary who sued her
two brothers for a one-third share of trust property. Her brothers
refused to offer her any settlement. Added new claims then negotiated a
settlement providing the sister a one-third interest in all trust
property.
Represented trustee after deceased co-trustee’s
misappropriation of trust funds. Filed suit against co-trustee’s
estate and widow, restrained co-trustee’s widow from transferring
assets and successfully reached a settlement under which the
co-trustee’s widow sold her home in order to return funds taken by her
deceased husband.
Represented out-of-state beneficiaries of a trust
and of a will in a dispute with their sister, who was beneficiary,
trustee and executrix. Successfully forced dissolution of the
trust and distribution of all trust proceeds. Successfully
removed sister as executrix, secured court order that mother’s joint
bank accounts did not pass to the sister, although the accounts
specifically listed sister as surviving owner on death, and secured
further order that sister repay attorneys’ fees.
Successor counsel for trust beneficiary, to defend
three lawsuits filed by another beneficiary’s heirs who claimed a 50%
interest in the trust assets. After prior denials of motions to
dismiss, successfully convinced the same court to first rehear motions
and then to grant judgment in favor of beneficiary on all three cases.
jkropp@grcpc.com
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