A resource for lawyers and the public in Massachusetts and New Hampshire for information on will contests, trust disputes, guardianships, conservatorships, elder exploitation, fiduciary duty claims, and other probate litigation disputes.
Counsel, please send us your court orders and pleadings of potential interest to the bar. We will link any posting to your website and give you full credit. Please tell us how we can improve this site to better serve you, other lawyers, and the public.
We are delighted to announce our NH Estate & Trust Deadlines page, which counsel will want to bookmark. The fear of missing deadlines is among the most anxiety provoking aspects of this job and this should be a big help in alleviating that stress. We have culled NH statutes and Probate Rules to highlight the […]
Big thanks to Attorney Lisa Bellanti for calling to our attention the appeal she and Nadine Catalfimo have before the NH Supreme Court of the Probate Court’s Order in Estate of Marie G. Dow in which the Court held that a will’s choice of MA law requires that MA law governs a child’s pretermitted heir […]
This Order is offered for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the Order has utility in a given case. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra Cote at alexandra.cote@mclane.com.) […]
We are very pleased to announce that we will be speaking on probate litigation issues at an upcoming seminar Estate Administration From Start to Finish sponsored by the National Business Institute. The program will be offered twice: April 28 in Portsmouth at which Alexandra will present and April 30 in Manchester at which Andrea will present. […]
In order to preserve the right to bring a creditor claim against a NH estate, a creditor must serve on the administrator a demand for payment within six months of the administrator’s appointment. As I have previously discussed, the procedural requirements governing creditor claims are strict and even actual knowledge of the claim by the […]
This order is offered as a sample for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the order has utility in a given case. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact […]
In In re Guardianship of L.N., the NH Supreme Court provided important guidance on the power of a guardian to terminate life support of a ward. Recognizing that litigation is a “‘cumbersome mechanism’ for resolving end-of-life decisions,” the court held that “the general power to give or withhold consent to medical treatment under RSA 464-A:25, I(d) […]
This order is offered for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the order has utility in a given case. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra Cote at […]
