WRIGHT v. McDONALD January 24, 2025 NH Trust Docket Order
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. Download
When in Doubt: A Trial Lawyer’s Call for Caution When it Comes to Remote Signings
States across the country took steps to permit remote execution of estate planning documents. In some instances, remote notarization and witness attestation are temporary conveniences, but as more drafters utilize these accommodations, the question becomes one of longevity: are these changes here to stay? And if so, the question for this attorney becomes one of […]
NH Supreme Court Holds Spendthrift Trust Interests Are Not Marital Assets
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 […]
Merrill April 20, 2021 NH Supreme Court Opinion
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.) […]
Beneficiary Disinherited Under No Contest Clause For Filing Claim Dismissed Under Statute of Limitations
Illustrating NH’s strict enforcement of trust and will no-contest clauses, the Probate Court in Volpe v. Volpe ordered that a beneficiary’s filing of a claim that did not survive a motion to dismiss requires his disinheritance under the terms of the trust. As discussed in a prior post, the trustee whom we represent provided beneficiaries […]
Volpe February 25, 2021 NH Probate Court Order
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.) […]
NH Supreme Court Holds Will’s Choice of Law Provision Does Not Control Pretermitted Heir Claim
Congratulations to Nadine Catalfimo and Lisa Bellanti for their win in In re Estate of Marie G. Dow in which the Court held that NH law governs a pretermitted heir claim, notwithstanding that the will recites that the estate is “to be administered and enforced according to the laws of the Commonwealth of Massachusetts.” The decision […]
In re Estate of Marie G. Dow January 20, 2021 NH Supreme Court Opinion
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 Alexandra […]
NH Supreme Court Confirms Probate Court Jurisdiction
In a case briefed and argued by Alexandra Cote of our office, the NH Supreme Court confirmed the jurisdiction of the Probate Court over real estate titled in the name of a decedent at the time of death, even though the law provides that title passes to heirs or legatees upon death by operation of […]
In re Estate of Lorraine R. O’Neill December 22, 2020 NH Supreme Court Opinion
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 […]