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 Swenson v. Silk et al. in a thoughtful, scholarly order, Judge David King declined to recognize intentional interference with inheritance as a claim in New Hampshire. The Swenson petitioners as trustees and beneficiaries of a trust claim that a deceased predecessor trustee breached his fiduciary duties by making impermissible trust distributions to himself and that these distributions were […]
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 […]
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 […]
Financial exploitation of the elderly is a common theme in our work. Entitled “Exploitation of the Elderly Can Begin with Modest Gifts,” here is an article by yours truly in the Union Leader’s Know the Law series (link works after Continue Reading). (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this […]
