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.
Counsel, please send us your court orders and pleadings of potential interest to the bar. We will link any posting to your website and give you full credit. Please tell us how we can improve this site to better serve you, other lawyers, and the public.
Congratulations to Frank Kenison and Bridget Denzer on their big win in Bonanno v. Bonanno and many thanks to them for sharing Judge David King’s Final Order, which is a great primer on NH law governing trust contests on undue influence and other grounds. In these cases, the alleged undue influencer almost always was in a confidential […]
I am delighted to report that the NH Supreme Court in In re Teresa E. Craig Living Trust ruled in our favor in a widely followed case that, if it had gone the other way, would have significantly unsettled NH trust law and practice. Craig presented the issue of whether the pretermitted heir statute, RSA 551:10, applies […]
Many of our cases involve actual or suspected financial exploitation of the elderly in which a claim is made that someone took advantage of the cognitive and/or emotional vulnerability of an older person to gain financial enrichment from “gifting” of assets, changes in financial accounts, and/or rewriting of estate plans. While the typical case involves […]
The NH Supreme Court’s recent decision in Ketteridge v. Martin Lord & Osman, P.A. strongly suggests that the Court will likely hold that an estate planning attorney does not owe a duty to intended beneficiaries of an estate plan to evaluate whether the client is being subjected to undue influence when the client makes a change to […]
