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Robert J. Morrill is the managing partner of Gilmore, Rees & Carlson, P.C. and focuses his practice on estate planning, trust and estate administration, trust and estate dispute resolution and appellate advocacy. Bob's clients rely on his ability to explain complicated legal issues in plain English and act as a true counselor.  Whether it involves establishing or modifying an estate plan, administering an estate or trust, or resolving disputes, Bob’s practical estate planning advice and creative problem-solving approach is a cornerstone of his practice.

Prior to going into private practice, Bob served as a law clerk for the Massachusetts Supreme Judicial Court under Justice Roderick Ireland. He received his law degree from New England School of Law, where he served as the Executive Editor of the New England Law Review and graduated first in his class.

Representative Experience
Estate Planning
Bob has vast experience working with individuals and families to address important tax and estate planning issues. Whether it involves reducing exposure to estate taxes, finding efficient ways to transfer wealth during life, or addressing a client's concerns about a child or other relative, Bob understands it is critical to listen first, identify the concerns and then advise on options to address those concerns.

Estate Administration
Bob works closely with his clients to help them through the estate administration process. Clients often come to Bob after trying to administer the estate independently, and they find that the time and knowledge of a dedicated estate administration staff is invaluable in ensuring all aspects of managing the estate are handled properly.  While many complicated legal issues must be addressed in estate administration, Bob understands that an equally important part of his role is acting as a guide to help families through a foreign and often difficult process. 

Planning for Owners of Closely-Held Family Businesses
Bob advises owners of closely-held family businesses and helps them plan for both lifetime and testamentary transition of the business.  His experience in this area encompasses a wide range of issues including estate and gift tax ramifications, methods to keep control in the family and avoid disputes among the next generation and finding ways to provide for family members not involved in the business.

Probate Dispute Resolution
It is an unfortunate reality that disputes can arise during the administration of an estate or trust.  While zealously advocating for the interests of his clients, Bob believes that, in most cases, clients are much better served if disputes can be resolved without resorting to costly litigation.  He has successfully represented beneficiaries, trustees and executors in a wide range of disputes. 

This has involved challenging, and defending challenges to, the validity of wills and the appointment of certain individuals as executors, challenging and defending the accounts of executors and trustees, and resolving a variety of disputes centered on the proper administration of estates and trusts.

Many trust-related disputes flow from defective or ambiguous trust documents. Bob has resolved such disputes by obtaining judicial reformation of defective trusts and declaratory judgments confirming his clients' interpretation of ambiguous language in trusts. 

Appellate Advocacy
In a case where he obtained dismissal of a claim against an out-of-state business owner in the Superior Court, Bob persuaded the Supreme Judicial Court to review the Appeals Court’s subsequent reversal of that Superior Court dismissal.  The Supreme Judicial Court subsequently ruled that the Superior Court Judge had correctly granted the Motion to Dismiss presented by Robert, allowing Robert’s out of state client to avoid litigation in Massachusetts. Robert successfully represented in the Appeals Court a homeowner against a creditor seeking to take ownership of her home. Arguing a novel issue of law, Robert persuaded the Appeals Court that his client, a widow, should not lose her home due to debts accrued by her late husband.

Recognition
Martindale-Hubbell AV® Rated, a certification mark indicating that the lawyer's peers rank him at the highest level of professional excellence.

Massachusetts Super Lawyers’ “Rising Star” in Estate Planning & Probate, Estate & Trust Litigation - 2005

Professional and Community Involvement
National Association of Elder Law Attorneys, Member
Boston Estate Planning Council, Member
Massachusetts Bar Association, Member
American Bar Association, Member
Supreme Judicial Court – Volunteer at Law Day (2010-2011), leading group discussions with area high school students about various legal issues and the role of the courts in American society

Speaking Engagements
“Issues with Gifting to Irrevocable Trusts”
Elder Law Institute, Suffolk University
March 2010
“Probate Practice: MCLE Basics Plus”
Massachusetts Continuing Legal Education
October 2010, September 2009, June 2009, July 2007


“Estate Planning 101”
Cooperative Banks Employees Retirement Association
2006, 2007, 2008, 2009, 2010, 2011

”Estate, Gift and Generation Skipping Transfer Tax”
Massachusetts Continuing Legal Education
June 2009 & July 2007                    

”What Every Estate Planner Needs to Know About Real Estate”
Massachusetts Continuing Legal Education
September 2001; July 2010

“Trustee and Liability Clauses: The Pros and Cons”
Massachusetts Continuing Legal Education
June 2008

 “Drafting Irrevocable Trusts”
Massachusetts Continuing Legal Education
February 2008

“Estate Planning Year in Review”
Boston Bar Association
June 2008

“Estate Planning Basics”
National Business Institute
March 2007

“How to Probate an Estate”
Massachusetts Continuing Legal Education
December 2006, October 2005, September 2005, November 2004

“A Brief Introduction to Grantor Trusts”
Massachusetts Continuing Legal Education
October 2006

 “Grantor Trusts Demystified”
Massachusetts Continuing Legal Education
April 2006

”HIPAA’s Impact on Durable Powers of Attorney”
Massachusetts Continuing Legal Education
February 2006

“Drafting, Using and Administering Trusts”
Massachusetts Continuing Legal Education
May 2005

”What Estate Planners Need to Know About HIPAA”
Massachusetts Continuing Legal Education
October 2004

”Understanding and Using Trusts”
Massachusetts Continuing Legal Education
December 2001

”Estate Planning in Light of Reform and Repeal Under the New Tax Act”
Massachusetts Continuing Legal Education
September 2001

Articles
“Trusts as a Caretaking Tool”
Private Wealth
March/April 2010

“Available Options for Fixing Defective Trusts”
Massachusetts Lawyers Weekly
November 9, 2009

rmorrill@grcpc.com