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 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 […]
Objection to Motion to Clarify or Extend Spousal Share Deadline
Motion to Clarify Extend Spousal Share Deadline
A surviving spouse generally has six months from the date of appointment of the administrator to waive the provisions of the Will and take instead his/her elective share of one-third of the probate estate. Does that six-month deadline begin to run anew if the current Will is determined to be invalid and the prior Will […]
I recently published an article about Estate of Kathleen Mullin, a New Hampshire Supreme Court decision in a case Ralph Holmes and I argued, which expresses some important law on the jurisdiction on trust administration. It was a published web extra for the New Hampshire Bar News. To read the full article, click here.
Published in NH Bar News (3/20/2017) Testamentary in terrorem provisions, which compel forfeiture by a legatee upon unsuccessful challenge to the validity of an estate plan and/or its administration, have a rich history with antecedents in the ancient world and English and American case law as far back as 1674 and 1898 respectively. See Beyer, […]
Hallett- Joint Memo In Opposition to Motion for Ruling on Safe Harbor Hallett – First Safe Harbor Order Hallett – Second Safe Harbor Order Hallett – Objection to Motion for Ruling on Safe Harbor Hallett – Objection to Motion for Ruling on Safe Harbor re Amended Petition Hallett – Motion for Ruling on Safe Harbor […]
