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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An important, unresolved issue in New Hampshire trust law is whether the allocation of fault among responsible parties required in civil cases under Debenedetto v. CLD, 153 N.H. 793 (2006), applies to breach of duty claims against trustees. While I have raised the issue when representing a defendant trustee, the Court has not ruled on […]
Kevin W. Rethore of DLA Piper and I will be presenting on trust litigation at the 2017 New Hampshire Trust Conference sponsored by New Hampshire Trust Council. The Council is a leader in efforts to develop and maintain New Hampshire’s advantage as a situs for trusts and is active both in our legislature and courts […]
Although not always a good idea, it is not uncommon for family members to loan each other money, or for other circumstances to arise in which one family member owes money to another. When the person to whom the debt is owed dies, that debt becomes an asset of the estate, and generally still must […]
What happens if the settlor expresses clear intent to amend her trust, but fails to sign the written amendment before she passes? This scenario recurs with some frequency and estate planners should bear in mind that, depending on the language of the governing instrument and the circumstances, non-execution affirmation of the amendment may be sufficient. […]
Tierno Motion to Dismiss
Tierno Objection to Motion to Dismiss Tierno Memorandum of Law – Oppose MTD
Tierno Petition to Validate 3rd Amendment
In cases involving the construction or validity of an estate plan, the testimony of counsel who prepared the plan often is pivotal – for good or ill. Such was the case in Tay v. Grondin in which we defended the Trustee from an action seeking to remove and surcharge him for alleged mismanagement of the sale of a […]
