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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This case does not make any new law, but illustrates a number of important principles for fiduciary breach claims against trustees. The case arose from a trust established by Richard Hallett administered following his death by his widow and attorney serving as trustees. Upon his death, family and QTIP sub-trusts were to be funded. As detailed […]
Motion to Stay In Re Jeannette Marino
In decisions establishing new law in New Hampshire for the discipline of professional guardians, Judge Gary Cassavechia, acting as Judicial Referee, and Judge Edwin Kelly, as Administrative Judge for the Circuit Court, reviewed conduct by Jeannette Marino, a prominent NH professional guardian since 2006, in two of her guardianships with Judge Cassavechia recommending a two-year […]
Although the NH Supreme Court’s decision in Brooks v. Allen does not establish new law, it is important precedent for the resolution of property division disputes between domestic partners. Renee Brooks and Steven Allen had lived as a family for twenty years and had a son. They owned jointly property in Northwood and Allen was the sole […]
Both the NH and MA Probate Courts are vested with exclusive jurisdiction over the composition of their probate estates. What happens when this grant of exclusive jurisdiction is in conflict with the rights of a foreign court to decide title to property claimed by a NH or MA probate estate? We represent the Trustee of a California trust […]
Congratulations! to Roy McCandless for his big win in Stompor v. Stompor (2016) and thanks to Roy for sharing a copy of the decision. (Please forward yours!) Weighing in at 60 pages, Stompor is the latest installment of impressive scholarship by Judge Cassavechia and once again highlights the need for publication of important NH Probate Court decisions. The […]
The NH Supreme Court’s decision in Estate of Bourassa (2009) is quite the muddle. I can’t reconcile it with governing law. Here’s my recommendation as to how it should be construed to fix the discrepancies at: Bar News Article. (sorry, have to hit the Continue Reading button for hotlink to work). (Note: Ralph Holmes is currently retired from McLane Middleton. For information […]
