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.
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 […]
In order to preserve the right to bring a creditor claim against a NH estate, a creditor must serve on the administrator a demand for payment within six months of the administrator’s appointment. As I have previously discussed, the procedural requirements governing creditor claims are strict and even actual knowledge of the claim by the […]
This order 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 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 […]
We are always on the lookout for exemplary Probate Court pleadings for the Pleadings Bank and we thank Christopher Cole and Nicole Faille for allowing us to post this impressive pleading they filed requesting the court to extend the statute of limitations for assertion of a creditor claim against a probate estate. The deadlines for […]
This pleading 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 pleading 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 […]
In Christo v. Silk, the NH Trust Docket confirmed that a potential creditor who might in the future have a claim against a probate estate must, like a creditor holding a fully actionable claim, exhibit a demand on the administrator within the first six months of administration under RSA 556:2-3. Linda Christo was a principal beneficiary of the estate plan […]
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 […]
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 […]
A case recently heard by the Norfolk County, Massachusetts Superior Court serves as a reminder of the importance of paying attention to statutes of limitation and requirements for service of process, especially in cases involving estates. Under Massachusetts law, a personal representative does not need to acknowledge any claim by a creditor of the decedent […]
The NH Supreme Court’s decision in Estate of Bourassa (2009) is quite the muddle. I can’t reconcile it with governing law. Here’s my recommendation as to how it should be construed to fix the discrepancies at: Bar News Article. (sorry, have to hit the Continue Reading button for hotlink to work). (Note: Ralph Holmes is currently retired from McLane Middleton. For information […]
