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.
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In the Matter of Merrill and Merrill, the NH Supreme Court (Marconi, J.) held that the inclusion by the Family Court of assets in a spendthrift trust benefiting the husband as part of the marital estate of the divorcing parties was plain error. While the decision does not establish new law, it underscores the importance […]
This order is offered for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the pleading 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.) […]
Illustrating NH’s strict enforcement of trust and will no-contest clauses, the Probate Court in Volpe v. Volpe ordered that a beneficiary’s filing of a claim that did not survive a motion to dismiss requires his disinheritance under the terms of the trust. As discussed in a prior post, the trustee whom we represent provided beneficiaries […]
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.) […]
Congratulations to Nadine Catalfimo and Lisa Bellanti for their win in In re Estate of Marie G. Dow in which the Court held that NH law governs a pretermitted heir claim, notwithstanding that the will recites that the estate is “to be administered and enforced according to the laws of the Commonwealth of Massachusetts.” The decision […]
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 Alexandra […]
In a case briefed and argued by Alexandra Cote of our office, the NH Supreme Court confirmed the jurisdiction of the Probate Court over real estate titled in the name of a decedent at the time of death, even though the law provides that title passes to heirs or legatees upon death by operation of […]
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 […]
The MA and NH Trust Codes offer trustees important opportunities to reduce the statutes of limitations/repose (SOL) for actions to contest trust validity. For a revocable trust that becomes irrevocable at death, the default limitations/repose period for contesting trust validity is one year in MA and three years in NH, both running from the settlor’s […]
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 […]
