Probate Litigation Seminar (PP slides link)
I presented on April 18 at a National Business Institute education program for New Hampshire lawyers “Probate Administration From Start to Finish“ I was to cover the following probate litigation topics, but as sometimes happens ran out of time. Will and Trust Contests Power of Attorney and Constructive Trust Claims Pretermitted Heir Claims Creditor Claims and […]
In re: Mongan Revocable Trust of 2004: Advice of Counsel Defense
With the highest duties in law and significant liability exposure, fiduciaries generally are entitled and, in the exercise of due care may be required, to engage counsel at trust expense for guidance as to the proper administration of their responsibilities. When the fiduciary’s conduct is contested, she may be able to defend the claims by […]
Upcoming Speaking Presentation
My colleague George Cushing and I will be joining Joseph Bierwirth, Jr. as panelists in the MCLE 19th Annual New England Estate Planning Conference 2018. Our presentation is entitled “Fiduciary Risks in Exercising or Not Exercising the Power to Decant Trust Assets.”
Creditor Claims (NH)
CREDITOR CLAIMS (NH LAW) Updated January 2016 Creditor’s Deadlines Within six months of the grant of administration, creditor must present a demand to the Administrator by registered mail setting forth “the nature and amount of the claim and a demand for payment.” RSA 556:2. Suit cannot be filed within six months and must be filed […]
Craig Case Update
In a prior post, I discussed that a decision by the NH Supreme Court in In re Teresa Craig Living Trust finding that the NH pretermitted heir statute applies to trusts would upheave NH trust law. Given that the case turns on the interpretation of section 1-112 of the NH Trust Code, which is drawn from the […]
Recent Seminar on NH Probate Litigation
I had the pleasure of presenting at a seminar for NH lawyers this week entitled “Probate: Everything You Need to Know” and spoke about probate litigation issues, including will and trust contests and POA accounting, constructive trust, pretermitted heir, and breach of fiduciary duty claims. Here are my NH Probate Litigation Seminar PP Slides Feb. […]
In Re: Mongan Revocable Trust of 2004 Order
Randall v. Mahan Final Decree
Randall v. Mahan: Advice of Counsel Defense
Congratulations to Roy McCandless on his big win for the trustee in Randall v. Mahan, a case in which Judge Gary R. Cassavechia acting as Judicial Referee carefully analyzes reliance on counsel as a defense to breach of fiduciary duty claims. The Order is important reading for counsel representing trustees or beneficiaries. Circuit Judge Michael L. Alfano adopted […]