Lynette Paczkowski

Remedying wrongs committed by family members 

An elderly mother thought that in exchange for her son and daughter-in-law moving in with her rent-free, they were going to pay off her mortgage; she did not think that she was going to sign over ownership of the home to them or that they were going to take steps thereafter to evict her from the home. After a four-day jury trial, the jury found that the son and daughter-in-law had breached fiduciary duties to our client and were also unjustly enriched by the transaction and events. The jury awarded damages in excess of $500,000. 

Modifying custody and parenting time 

Not long after judgment entered on a Complaint for Custody, Support, & Parenting Time, the Department of Children & Families (DCF) supported a finding of neglect against the father. Lynette represented the mother at trial on the subsequent Complaint for Modification. After a Court-ordered Guardian ad Litem investigation and two-day trial, the Court modified the prior judgment of shared physical custody and equal parenting time, giving our client physical custody and reducing the father’s parenting time. “While equal parenting time can work, it has to be what’s in the best interests of the children. If that arrangement is not serving the children’s best interests, we have to advocate for what will.”  

Vacating findings of abuse by DCF 

When the Massachusetts Department of Children & Families (DCF) was called on a client, the timing was suspect: efforts to amicably reach a separation agreement had just fallen apart, and the spouse had filed for divorce. Nevertheless, DCF opened an investigation and issued a finding of abuse relating to an incident that had allegedly occurred some eight years prior. Lynette represented the client at the Fair Hearing, following which DCF reversed its decision. “DCF workers are good people trying to do the right thing, but sometimes the evidence and the facts don’t support their findings.” Lynette was a zealous advocate for the client, pointing out where the findings did not conform with the Department’s regulations and policies. 

Other experience

Family law

• Counsels and advises clients regarding whether inherited assets should be treated as marital property or separate property 
• Works with small business owners to address issues regarding valuation of the business and appropriate amount to be counted as income for purposes of calculating alimony and/or child support 
• Tried issues regarding where minor children should attend school after divorcing spouse relocated to a different school district and sought to transfer the children to a school in that district 
• Defended contempt actions brought by former spouse arising out of client’s obligation to remove him from the mortgage on the former marital home 
• Successfully resolved competing complaints for modification involving removal of minor child to another state and resulting effects on child support, parenting time, and related issues 

Probate litigation

• Represents clients in will contests pertaining to the validity of a will or questions of capacity of the testator 
• Represented client on Petition to Terminate Trust given that the trust was no longer financially viable and was no longer serving the material purpose for which it was created 
• Represents trustees of trusts and personal representatives of estates in matters involving claims of breach of fiduciary duty and/or for their removal as such 
• Represented Court-appointed counsel for a trust in a Petition for Appointment of Successor Trustee where trust required two trustees and beneficiaries could not agree on a successor trustee 

Other matters

• Represented client in Petition to Partition against his former partner with whom he co-owned a home, seeking to either have the property sold or have her buy him out of his interest in the property 
• Pursues payment and enforcement of mechanic’s liens on behalf of designers, contractors and subcontractors 
• Reviews contracts and provides contractors with risk assessments and advice regarding contract provisions, including termination and indemnity clauses 
• Drafts and revises contracts for contractors and owners 
• Advises property owners with respect to payment claims and seeking damages for incomplete and defective work 
• Represented billboard owners in successful appeal of building inspector’s order to lower the height of the sign, briefing and arguing the case (regarding the applicability and interpretation of the town’s zoning by-laws) through to the Appeals Court 
• Represented lake residents pursuing prescriptive easements in response to property owner’s declaratory judgment/title/trespass action concerning a right-of-way utilized by the residents for walking, running and bicycling around the lake 
• Represented utility company in enforcing easement rights against property owners blocking access 
• Helps clients, including social service agencies and other non-profits, respond to deposition and trial subpoenas