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Mark E. SwirbalusMark E. Swirbalus

(617) 574-4119
mswirbalus@goulstonstorrs.com
Fax: (617) 574-7525
Boston
400 Atlantic Avenue
Boston MA
02110-3333
Download Boston vCard




Education
Dartmouth College, B.A., 1991

Boston College Law School, J.D., 1995
Admissions
Massachusetts

New Hampshire

Overview

Probate disputes; trust and will contests (undue influence, competency, fraud); breach of fiduciary duty claims; removal actions; contested accountings; reformation and interpretation actions; trust and estate property disputes; tax disputes; and guardianship and conservatorship proceedings. Clients look to Mark Swirbalus to handle and solve these kinds of matters, and to avoid litigation in the first place. A Director in the firm, Mark he represents individuals, charitable organizations and bank and trust companies as beneficiaries, trustees, executors, administrators and personal representatives. A Chambers USA resource comments that Mark is "smart, and has an excellent knowledge of trust matters. He had a plan from day one to address our concerns." Mark is Co-Chair of the firm's Litigation group. 

Mark has served as Co-Chairman of the Fiduciary Litigation Committee of the Boston Bar Association and as a member of the Probate Law Section Council of the Massachusetts Bar Association. He is a Fellow of the American College of Trust and Estate Counsel (ACTEC) and has been appointed to its Fiduciary Litigation Committee. His work has been recognized by his peers with his being named a Massachusetts Super Lawyer and with an “AV Preeminent” rating by Martindale Hubbell. He is also nationally ranked as a leading litigator by Chambers USA.

Representative Experience

  • Representation of charity in action to enforce its rights under a charitable bequest.
  • Representation of family members in will contest alleging undue influence, lack of testamentary capacity and fraud.
  • Representation of widow in defense of death-bed property conveyance.
  • Representation of proposed interveners in action regarding the oldest charitable trust in the country (c. 1660).
  • Representation of trustees and primary beneficiary in action against predecessor trustees for self-dealing and other breaches of fiduciary duty.
Professional and Community Involvement
  • American College of Trust and Estate Counsel (ACTEC), Fellow, Fiduciary Litigation Committee
  • Greater Boston Fiduciary Law American Inn of Court, President and Co-Founder
  • Boston Bar Association, Trusts & Estates Section, Public Policy Committee, 2012-2013
  • Boston Bar Association, Trusts & Estates Section, Fiduciary Litigation Co-Chairman, 2010-2012
  • Boston Probate and Estate Planning Forum, Moderator (2012-2013) and Program Chair (2011-2012)
  • Massachusetts Bar Association, Probate Litigation Practice Group, Probate Law Section Council, 2009-2010
  • New Hampshire Bar Association
  • Dartmouth Lawyers Association
  • Dartmouth College, Alumni Enrollment Volunteer
Awards and Recognition
  • Chambers High Net Worth (HNW), 2016
  • Chambers USA, leading litigator, 2010-2013
  • Martindale Hubbell Peer Review Rated AV Preeminent™
  • Massachusetts Super Lawyers, 2009 - 2016
    • Top 100 Massachusetts Super Lawyers, 2016
Speaking Engagements
  • Chair and Panelist, "Designing Estate Plans to Avoid Conflicts and Contests," MCLE, March 2015
  • Panelist, "16th Annual Estate Planning Conference 2015, Incorporating Arbitration and Mediation Provisions in Estate Planning Documents," MCLE, January 2015
  • Chair and Panelist, "Will Contests," MCLE, November 2014
  • Panelist, “Making Probate Mediation Work for You and Your Client,” ACTEC, September 8, 2013
  • Panelist, "Fiduciary Litigation Rebooted: Litigating Fiduciary Cases in the Probate Court under the UPC and UTC," MCLE, May 2013
  • Panelist, 14th Annual New England Estate Planning Conference 2013, MCLE, January 2013
  • Panelist, "The New MUPC and MUTC and Representing Fiduciaries," MCLE, November 2012
  • Panelist, "Probate Litigation Under the New MUPC and the New MUTC," MCLE, November 2012
Press Releases
num: 57
pressReleases: Goulston & Storrs Expands Probate Litigation Practice with the Addition of Leading Probate Litigator, Mark Swirbalus
clientAdvisories: T&E Litigation Newsletter - 5/14/12
clientAdvisories: T&E Litigation Newsletter - 5/18/12
clientAdvisories: T&E Litigation Newsletter - Kaiden v. Zimonja
pressReleases: Chambers USA Ranks Goulston & Storrs in Multiple Practice Areas
clientAdvisories: T&E Litigation Newsletter - 6/27/12
clientAdvisories: T&E Litigation Newsletter - 7/31/12
clientAdvisories: T&E Litigation Update - 8/7/12
clientAdvisories: T&E Litigation Newsletter - 8/27/12
clientAdvisories: T&E Litigation Newsletter - 10/3/12
clientAdvisories: T&E Litigation Newsletter - 10/9/12
clientAdvisories: T&E Litigation Newsletter - 10/12/12
clientAdvisories: T&E Litigation Newsletter - 12/19/12
clientAdvisories: T&E Litigation Newsletter - 1/3/13
clientAdvisories: T&E Litigation Newsletter - 1/16/13
clientAdvisories: T&E Litigation Newsletter - 1/25/2013
clientAdvisories: T&E Litigation Newsletter - 2/11/2013
clientAdvisories: T&E Litigation Newsletter - 4/17/2013
clientAdvisories: T&E Litigation Newsletter - 4/26/13
clientAdvisories: T&E Litigation Newsletter - 5/13/13
pressReleases: Goulston & Storrs Nets 33 Lawyers, 7 Practice Areas in 2013 Chambers USA Rankings
clientAdvisories: T&E Litigation Newsletter - 6/25/13
clientAdvisories: T&E Litigation Newsletter - 7/2/13
clientAdvisories: T&E Litigation Newsletter - 7/17/12
clientAdvisories: T&E Litigation Newsletter - 8/5/13
clientAdvisories: T&E Litigation Newsletter - 8/19/13
clientAdvisories: T&E Litigation Newsletter - 9/11/13
publicationsArticles: Author, "Determination of Title," Fiduciary Litigation in the Probate Court, MCLE
pressReleases: Goulston & Storrs Captures 47 Spots on the 2013 Massachusetts Super Lawyers List; 14 on the 2013 Massachusetts Rising Stars List
clientAdvisories: T&E Litigation Newsletter - 11/6/13
clientAdvisories: T&E Litigation Newsletter - 1/16/14
clientAdvisories: T&E Litigation Newsletter - 2/14/14
clientAdvisories: T&E Litigation Newsletter - 3/21/14
clientAdvisories: T&E Litigation Newsletter – 4/15/14
publicationsArticles: New E-Discovery Rules Bring Changes, Challenges and Cutting Edge Discovery Issues to Trust and Estate Litigation
clientAdvisories: T&E Litigation Newsletter - 5/28/14
clientAdvisories: T&E Litigation Newsletter – 8/8/14
clientAdvisories: T&E Litigation Newsletter – 8/22/14
clientAdvisories: T&E Litigation Newsletter - 9/12/14
clientAdvisories: T&E Litigation Newsletter - 10/30/14
clientAdvisories: T&E Litigation Newsletter - 1/9/15
clientAdvisories: T&E Litigation Newsletter- 4/9/15
clientAdvisories: T&E Litigation Newsletter- 5/5/15
clientAdvisories: T&E Litigation Newsletter- 9/3/15
clientAdvisories: T&E Litigation Newsletter- 9/16/15
pressReleases: 50 Goulston & Storrs Attorneys Named 2015 Massachusetts Super Lawyers and Rising Stars
clientAdvisories: T&E Litigation Newsletter- 1/5/16
clientAdvisories: T&E Litigation Newsletter- 4/27/16
clientAdvisories: T&E Litigation Newsletter- 5/25/16
pressReleases: UPDATE: 2016 Chambers USA and New High Net Worth Guides Recognize Ten Market-Leading Goulston & Storrs Practices and 34 Leading Individual Lawyers
pressReleases: Goulston & Storrs Appoints New Co-Chairs to Litigation and Corporate Practice Groups
clientAdvisories: T&E Litigation Newsletter- 7/5/16
clientAdvisories: T&E Litigation Newsletter- 7/13/16
clientAdvisories: T&E Litigation Newsletter- 8/10/16
pressReleases: 45 Goulston & Storrs Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
clientAdvisories: T&E Litigation Newsletter- 11/14/16
clientAdvisories: T&E Litigation Newsletter- 11/30/16
»View All
October 2016
45 Goulston & Storrs Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
June 2016
UPDATE: 2016 Chambers USA and New High Net Worth Guides Recognize Ten Market-Leading Goulston & Storrs Practices and 34 Leading Individual Lawyers
June 2016
Goulston & Storrs Appoints New Co-Chairs to Litigation and Corporate Practice Groups
October 2015
50 Goulston & Storrs Attorneys Named 2015 Massachusetts Super Lawyers and Rising Stars
October 2013
Goulston & Storrs Captures 47 Spots on the 2013 Massachusetts Super Lawyers List; 14 on the 2013 Massachusetts Rising Stars List
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