PRACTICE AREAS
Trust, Estates & Taxes
The firm’s trusts and estates group provides a comprehensive range of legal services to assist our clients in the management of their assets and estates, including estate planning, tax consultation and business succession planning. We work closely with our clients to understand their specific needs and objectives and draft individualized documents, including wills trusts, healthcare proxies and power of attorneys, designed to meet their objectives and minimize or avoid taxes and expenses. We counsel our high net worth clients in sophisticated estate planning practices utilizing established and approved methods of minimizing estate taxes including, irrevocable life insurance trusts, charitable lead and remainder trusts, qualified personal residence trusts, grantor retained income and annuity trusts, dynasty trusts, family limited partnerships, family foundations and planned gifting programs. We also draft specialized trust documents to address the needs of individuals with disabilities or to preserve the estate assets in the event of prolonged illness or incapacity.
The firm also provides a full range of services for the probate and administration of estates. We represent our clients in their capacity as executors, administrators or beneficiaries of the estate. We are sensitive to the needs and issues that arise during this often difficult period and work to efficiently and professionally complete the probate process and resolve any issues or disputes that occur during this time. The firm also provides counsel and advice to clients regarding post mortem planning options that may meet their objectives or reduce taxes. We prepare when necessary all state and federal estate tax, and income tax, returns and represent the client if any of the returns are audited.
The firm offers other probate services including appointments of guardians or conservators, and approval of estate plans for individuals that lack the required legal capacity to execute these documents individually. We can also provide continuing administrative and accounting services for trustees, guardians and conservators. The firm also counsels fiduciaries of all types on their legal obligations including permissible investment practices.
Contact us today if you have questions about Trust, Estates & Taxes
Donald L. Graham
Partner
(617) 479-5000 dgraham@mhtl.comMr. Graham is a managing partner with Murphy, Hesse, Toomey & Lehane, LLP and directs the firm’s corporate and commercial law practice areas. Mr. Graham has over thirty-five years experience in corporate organization, commercial contracting, business acquisition and sales, license and royalty agreements, intellectual property protection, commercial financing (bank, private placement and venture), commercial real estate acquisition, sale, leasing and construction, as well as general business counseling and advice. He has served as an arbitrator for the American Arbitration Association Read More
Clifford R. Rhodes
Attorney
crhodes@mhtl.comMr. Rhodes received his bachelor’s degree from the University of Iowa where he was a University Honors Scholar. In 1992, Mr. Rhodes received his. J.D. from the University of Iowa, College of Law graduating with distinction, and serving as a member of the Iowa Law Review. He obtained his MBA from the University of Massachusetts, Amherst, and received his LLM in Taxation, Magna Cum Laude, from the University of Alabama School of Law. He has extensive experience in health care Read More
Peter T. McNulty
Attorney
(617) 479-5000 pmcnulty@mhtl.comFormerly corporate counsel at a large Massachusetts Community Bank, Mr. McNulty’s practice is primarily focused on corporate and financial transactional work. Mr. McNulty handles the full spectrum of corporate and real estate matters and has assisted clients with entity formation, real estate transactions, mergers & acquisitions and investments, as well as commercial and residential acquisitions and dispositions. Additionally, Mr. McNulty represents and advises various financial institutions on a wide range of topics, including corporate governance, compliance, construction and secured lending, Read More
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).
United States Supreme Court Opens the Door for Special Education Students’ Right to Bypass Due Process Hearings When Also Suing School District for Money Damages Under ADA: Perez v. Sturgis Public Schools, 598 U.S. ___(2023)
In a unanimous ruling issued on March 21, 2023, the United States Supreme Court decided in favor of a 27-year-old deaf student who sued his Michigan school district, claiming he was denied the services of a qualified interpreter for years, and was misled by teachers and administrators about his progress in school. The student, Miguel Perez, only sought monetary damages. The Court held that he was free to sue the district for money damages due to discrimination under Title II of the Americans with Disabilities Act (ADA). The Court found that he did not have to “exhaust his administrative remedies,” prior to bringing such an action for damages. The doctrine of exhaustion of administrative remedies in a case involving the rights of a disabled student requires a litigant to file and complete a due process hearing before an agency like the Bureau of Special Education Appeals (BSEA) on all claims stemming from a school district's requirement to provide a student with a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).

Braintree, MA
50 Braintree Hill Office Park, Suite 410,
Braintree, MA 02184
Boston, MA
75-101 Federal Street
Boston, MA 02110
Tel: (617) 479-5000
Tel: (888) 841-4850
Fax: (617) 479-6469
Quincy, MA
Crown Colony Plaza
300 Crown Colony Drive, Suite 410
P.O. Box 9126
Quincy, MA 02169-9126