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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I am very pleased to share that I have been elected a Fellow of The American College of Trust and Estate Counsel (ACTEC), “a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors…. ‘Fellows,’ are the best […]
Rarely, has the NH Supreme Court had a case with the potential to disrupt trust law and practice as In re Teresa Craig Living Trust recently transferred as an interlocutory appeal without ruling by Judge King of the NH Trust Docket. Craig presents the issue of whether the pretermitted heir statute, RSA 551:10, applies to trusts. The claimants […]
There is an epidemic of sophisticated exploitation of our elderly. According to the National Adult Protective Services Association (NAPSA): One in nine seniors reported being abused, neglected or exploited in the past twelve months; the rate of financial exploitation is extremely high, with 1 in 20 older adults indicating some form of perceived financial mistreatment occurring […]
An important, unresolved issue in New Hampshire trust law is whether the allocation of fault among responsible parties required in civil cases under Debenedetto v. CLD, 153 N.H. 793 (2006), applies to breach of duty claims against trustees. While I have raised the issue when representing a defendant trustee, the Court has not ruled on […]
Kevin W. Rethore of DLA Piper and I will be presenting on trust litigation at the 2017 New Hampshire Trust Conference sponsored by New Hampshire Trust Council. The Council is a leader in efforts to develop and maintain New Hampshire’s advantage as a situs for trusts and is active both in our legislature and courts […]
What happens if the settlor expresses clear intent to amend her trust, but fails to sign the written amendment before she passes? This scenario recurs with some frequency and estate planners should bear in mind that, depending on the language of the governing instrument and the circumstances, non-execution affirmation of the amendment may be sufficient. […]
In cases involving the construction or validity of an estate plan, the testimony of counsel who prepared the plan often is pivotal – for good or ill. Such was the case in Tay v. Grondin in which we defended the Trustee from an action seeking to remove and surcharge him for alleged mismanagement of the sale of a […]
A surviving spouse generally has six months from the date of appointment of the administrator to waive the provisions of the Will and take instead his/her elective share of one-third of the probate estate. Does that six-month deadline begin to run anew if the current Will is determined to be invalid and the prior Will […]
