For more than 40 years, Trust and Estate Attorney Brian Bixby has written the MCLE (Massachusetts Continuing Legal Education) Probate Manual chapter on Will Contests. For attorneys in the Commonwealth of Massachusetts, this publication is an essential reference for clarity of current law and recent cases. For many attorneys, the physical publication is marked up with highlighter and pen as part of planning a strategy for a related case. Especially useful is that the chapter addresses various perspectives such as contesting a will, defending a will, or how to develop a will to prevent future contesting.
How Attorney Bixby Got Involved
Brian Bixby was five years into his career as a Trust and Estate Attorney when he tried a case in the courts in Northampton, MA. The judge happened to be the Chief Judge of Probate Courts in Massachusetts, and the author of the Will Contests section of the MCLE Probate Manual. After Bixby appeared in his court, the judge reached out to Brian and offered him the opportunity to co-author the Will Contests chapter that required an update. Bixby eagerly agreed, as he recognized the opportunity to gain exposure, associate himself with the Chief Judge, and to learn.
Bixby completed the lion’s share of the work, and before the next update was needed, the Chief Judge had retired. Brian took on preparing the periodic legal updates on Will Contests in the MCLE Probate Manual and has been doing so ever since.
Scope of Will Contests Expands Over Time
While it has been a long time, the scope of the Will Contests chapter has expanded significantly over the years, which has made the updates interesting and engaging for Bixby and additional authors he has recruited over the years to contribute to the content, primarily associates who worked with him.
Today, the scope of Will Contesting includes trusts, gifts, deeds, and any documents that are signed. He reflects on the scope including all matters where one is “trying to avoid probate” and shares how today, forgery is a significant area of concern as computer-generated forged signatures are increasingly affecting contesting matters in court.
Bixby’s Why
Forty years is a long time, but Bixby is clear on why he has continued to author (or co-author) the Will Contests chapter for so long. Simply, he views it as an ethical obligation; he reflects that he is able to do it, willing to do it, and has the experience and knowledge to share that will benefit fellow attorneys in the Commonwealth of Massachusetts. He does not regard the effort as a burden, but feels a sense of duty to contribute to benefit other attorneys.
He readily acknowledges the importance for him of being asked many years ago and seeks to engage attorneys early in their respective careers to get involved, learn, and contribute to this important resource publication. It becomes clear that Bixby likes to mentor and guide others to develop their expertise, give back, and gain exposure by co-authoring such content.
The Role of Mentoring
Being a mentor can be an incredibly satisfying experience for many people, and that is true for Brian Bixby.
Bixby readily recalls the influence of two mentors on him and his career, both of whom he worked for as he launched his career in the Trust and Estate Group at Ropes & Gray. He worked there for nine years and credits James Barr Ames and Blanche Quaid as making career-lasting impressions. Ames advised Brian to, “always do the job better than anyone else” and emphasized that by doing so you will always have plenty of clients and no one will worry about your hourly rate. Bixby reflects on how that advice has endured throughout his career, as he focuses on the quality of his work. He muses that young professionals today could benefit from this simple but challenging message to not just get it done, but get it done well.
Blanche Quaid took Brian under her wing. He was impressed with how smart she was, a secretary who earned her law degree at night. He recalls how it was Attorney Blanche Quaid who taught him the details of Trust and Estate law, how to communicate effectively to all key parties, including the clients, the beneficiaries, and the Judge. She took the time to focus on the important details of trust and estate law, and he is forever appreciative for her tutelage.
The Journey to Discover Trust and Estate Law
Brian Bixby went to law school at Northeastern University where he benefitted from the co-op experience to help him find his preferred area of law. He describes his first co-op in Criminal Defense, where he was focused on being the next Perry Mason. His experiences during this co-op confirmed this was not what he wanted to do; he landed his next co-op in real estate law. This did not appeal to him at all, but his third and fourth co-ops were in the Trust and Estate Group at Ropes & Gray, who then hired him right out of law school where he met his two mentors described above. Brian liked the work and the clientele, and his legal path became clear.
Conclusion
Today, Attorney Bixby is a Partner at Wilchins Cosentino & Novins with his practice focused on Private Client Services and Probate Litigation. He shows no intention of slowing down as he continues to enjoy the work, enjoy his clients, and continues to speak and author legal chapters to assist other lawyers as they research and develop their strategy for a particular legal matter including Will Contests. He has also been mentoring attorneys nationwide as Co-Chair of the Will and Trust Contest Committee of the American College of Trust and Estate Counsel (ACTEC). His next publication will involve mentoring young attorneys as they join him in authoring the chapter on Fiduciary Litigation in the Probate Court.
Learn more about the Private Client Services practice at WCN.