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 In re Guardianship of D.E., the NH Supreme Court clarified important issues relative to the nature and scope of a guardian’s power to make an end-of-life decision and the standard of review of such a decision by the Probate Court. The Court held that a guardian, if granted the power to make an end-of-life […]
This Order is offered for educational purposes only. References to law and rules may not be current. 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.) […]
In In re J.P., a case tried and argued on appeal by my colleague Jacqueline Leary, the NH Supreme Court provided important guidance on the construction of our adoption statute, which provides that notice of an adoption petition must be given to, among others: A person who is … providing financial support to [the birth mother] […]
This Order is offered for educational purposes only. References to law and rules may not be current. 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.) […]
Many museums, hospitals, private schools, colleges, summer camps, and other non-profits were already facing economic challenges before the pandemic and now confront even greater financial stress. Some may not survive. When a non-profit is no longer able to carry out its charitable mission, difficult legal issues can arise with regard to the disposition of its […]
In preparing our NH Deadlines Page, I was struck by the significant inconsistency between our probate statutes and Trust Code relative to the limitations periods for claims against a decedent and offer the following comments in anticipation that this conflict will be of concern to counsel and lead to litigation. Probate Scheme For Creditor Claims […]
This exemplar 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 document 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 […]
We are delighted to announce our NH Estate & Trust Deadlines page, which counsel will want to bookmark. The fear of missing deadlines is among the most anxiety provoking aspects of this job and this should be a big help in alleviating that stress. We have culled NH statutes and Probate Rules to highlight the […]
Big thanks to Attorney Lisa Bellanti for calling to our attention the appeal she and Nadine Catalfimo have before the NH Supreme Court of the Probate Court’s Order in Estate of Marie G. Dow in which the Court held that a will’s choice of MA law requires that MA law governs a child’s pretermitted heir […]
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.) […]
