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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Published in NH Bar News (3/20/2017) Testamentary in terrorem provisions, which compel forfeiture by a legatee upon unsuccessful challenge to the validity of an estate plan and/or its administration, have a rich history with antecedents in the ancient world and English and American case law as far back as 1674 and 1898 respectively. See Beyer, […]
Hallett- Joint Memo In Opposition to Motion for Ruling on Safe Harbor Hallett – First Safe Harbor Order Hallett – Second Safe Harbor Order Hallett – Objection to Motion for Ruling on Safe Harbor Hallett – Objection to Motion for Ruling on Safe Harbor re Amended Petition Hallett – Motion for Ruling on Safe Harbor […]
Kudos to Henry Klementowicz on his big win in Estate of Mullin! The Court affirmed our win below before the NH Probate Court (discussed in a prior post) in which the Court ruled that it did not have exclusive jurisdiction to determine ownership of property titled in the name of a NH probate decedent. (Note: Ralph Holmes […]
INTRODUCTION Litigation contesting the validity of wills and trusts on grounds of alleged incapacity and/or undue influence has been on the rise for many reasons, including “the growing number of Americans who are living through the age of risk for dementing illnesses, such as Alzheimer’s Disease,” Sparr, Assessing Competency To Make A Will, Am. J. […]
I had the pleasure of presenting at the MCLE 18th Annual New England Estate Planning (and More) Conference on January 5. I presented on “Capacity Evidence in Will and Trust Contests.” Here is a link to my written materials and a link to my slides.
Harvard Law School Professor Robert Sitkoff has called to my attention that Scheffel v. Krueger, a case I successfully argued to the NH Supreme Court, appears in Wills, Trusts and Estates, the leading T&E law school text which Sitkoff and and Professor Jesse Dukeminier author. Kyle Krueger had sexually assaulted a minor (and allegedly filmed and internet […]
I will be on the panel for this CLE (Link works after Continue Reading) with Susan Abert, Brooksley Belanger, Judith Bomster, Ann Butenhof, David R. Craig, John E. Laboe, Dr. Eric Mart, Cheryl Steinberg, and Kerri Tasker. It looks like it should be a great program!
