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 the Matter of Merrill and Merrill, the NH Supreme Court (Marconi, J.) held that the inclusion by the Family Court of assets in a spendthrift trust benefiting the husband as part of the marital estate of the divorcing parties was plain error. While the decision does not establish new law, it underscores the importance […]
This order is offered 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 Alexandra Cote at alexandra.cote@mclane.com.) […]
Thanks and congrats to Greg Moffett and Nathan Delault on their excellent NH bar presentations on fiduciary bonds. Although fiduciary bonds are a fixture of probate practice, litigation over them is rare. The opportunity to hear from seasoned counsel with practices representing bond companies with knowledge of this arcane area was much appreciated. For lay […]
Much of our practice involves bringing claims against and defending lay fiduciaries. We find that they make common mistakes that often could have been avoided had they been more thoughtful and careful. Because fiduciary duties are the highest in law, namely, utmost loyalty and care, the liability consequences of carelessness can be big legal bills, […]
