The NH Supreme Court’s decision in Estate of Bourassa (2009) is quite the muddle. I can’t reconcile it with governing law. Here’s my recommendation as to how it should be construed to fix the discrepancies at: Bar News Article. (sorry, have to hit the Continue Reading button for hotlink to work).
(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.)