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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My view, often expressed to clients and in presentations, is that capacity is the key issue in most undue influence cases. Unless the testator suffered significant diminished capacity at the time the will was signed, a contest of the plan on grounds of undue influence is unlikely to succeed. A finding of undue influence requires […]
I presented on April 18 at a National Business Institute education program for New Hampshire lawyers “Probate Administration From Start to Finish“ I was to cover the following probate litigation topics, but as sometimes happens ran out of time. Will and Trust Contests Power of Attorney and Constructive Trust Claims Pretermitted Heir Claims Creditor Claims and […]
With the highest duties in law and significant liability exposure, fiduciaries generally are entitled and, in the exercise of due care may be required, to engage counsel at trust expense for guidance as to the proper administration of their responsibilities. When the fiduciary’s conduct is contested, she may be able to defend the claims by […]
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 […]
In a prior post, I discussed that a decision by the NH Supreme Court in In re Teresa Craig Living Trust finding that the NH pretermitted heir statute applies to trusts would upheave NH trust law. Given that the case turns on the interpretation of section 1-112 of the NH Trust Code, which is drawn from the […]
Congratulations to Roy McCandless on his big win for the trustee in Randall v. Mahan, a case in which Judge Gary R. Cassavechia acting as Judicial Referee carefully analyzes reliance on counsel as a defense to breach of fiduciary duty claims. The Order is important reading for counsel representing trustees or beneficiaries. Circuit Judge Michael L. Alfano adopted […]
Rarely, has the NH Supreme Court had a case with the potential to disrupt trust law and practice as In re Teresa Craig Living Trust recently transferred as an interlocutory appeal without ruling by Judge King of the NH Trust Docket. Craig presents the issue of whether the pretermitted heir statute, RSA 551:10, applies to trusts. The claimants […]
