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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States across the country took steps to permit remote execution of estate planning documents. In some instances, remote notarization and witness attestation are temporary conveniences, but as more drafters utilize these accommodations, the question becomes one of longevity: are these changes here to stay? And if so, the question for this attorney becomes one of […]
Under our law, a will or trust cannot be successfully challenged by showing that its dispositions are unfair. The intent of the grantor, no matter how mean spirited, is respected, so long as she had capacity and was not unduly influenced by another. It is interesting to note that this deference to grantor intent is […]
In a recent case, a beneficiary who is challenging the validity of a trust requested that the Probate Court order that our client trustee, who also is a pro se beneficiary, may not draw on trust funds to defend the action. We argued in our objection that the trustee has a duty to defend the […]
In In re Estate of Mesiti, the NH Supreme Court ruled that heir status alone confers standing to contest a will, notwithstanding the existence of multiple prior facially valid wills that do not benefit the heir contestant and which he does not allege are invalid. Although the Supreme Court decided the question in an order, […]
This order is offered as a sample for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the order has utility in a given case. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact […]
This order is offered as a sample for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the order has utility in a given case. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra […]
This pleading is offered as a sample for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the pleading has utility in a given case. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact […]
On December 5, 2018, NH Probate Court Judge David King, Retired Judge and Judicial Referee Gary Cassavechia, and Court Counsel Beth Kissinger gave a highly informative and interesting presentation to the T&E bar on significant probate court decisions of the past year and some pending appeals. The comments were strictly factual and, because Probate Court […]
