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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PRETERMITTED HEIRS (NH LAW) To protect children and grandchildren from being inadvertently disinherited when omitted in a Will, RSA 551:10 provides that, if certain conditions are met, the omitted child or grandchild shall receive the same estate share as he or she would have received had there been no Will at all and the […]
This Law Summary is designed to educate you on structure and filing for Will Contests in New Hampshire. The full document is available for download at left. A party is “interested” and has standing to initiate a will contest if the “‘aggrieved person … is one who has a direct pecuniary interest in the estate […]
POWER OF ATTORNEY ACCOUNTINGS (NH LAW) In seminars, I sometimes refer to powers of attorney as “licenses to steal.” Although made part in jest, the comment can be all too true. Millions of elderly impaired Americans have delegated control over their finances by granting a power of attorney to a family member, usually a child. […]
Trust Material Purposes Updated January 2016 The New Hampshire Trust Code (the “NHTC”) offers parties and the court great flexibility in terminating and restructuring trusts, subject to one significant limitation: the result cannot be inconsistent with a trust “material purpose.” Although of central importance to the NHTC, the term is nowhere defined and no […]
A creditor’s receipt of partial payments of a debt of the decedent before expiration of the twelve month deadline to file suit under RSA 556:5 may not be sufficient to bind the administrator to pay the claim. In Skrizowski v. Chandler, 133 N.H. 502 (1990), it appears that the administrators set up the creditor for […]
PROBATE LITIGATION LESSONS FOR THE ESTATE PLANNER Updated January 2016 Introduction Due to a variety of demographic changes (we live longer, get divorced more, and have more wealth), the incidence of estate plan challenges has been on the rise. The most common litigation scenarios involve a child opposing a plan preferentially benefiting another child, a […]
In In re Estate of Mills, 167 N.H. 125 (2014), the Court clarified that a mortgagee has no duty under RSA chapter 556 to exhibit a demand within six months or to file suit within one year of the grant of administration in order to foreclose. The Court did not address whether the creditor must […]
In the wrong hands, a power of attorney is a license to steal. It is usually released to a child when dad or mom is impaired and unable to manage his or her affairs. The POA typically grants carte blanche control of the parent’s finances and is a ripe invitation for abuse. Indeed, almost every […]
Under Tulsa Professional Collection Services v. Pope, 108 S. Ct. 1340 (1988), known and reasonably ascertainable creditors are entitled to actual notice of the opening of the estate and the deadlines for filing claims. Here is a simple sample: [case caption] NOTICE [Date] TO: [Creditor] FROM: […]
