Me Too (not #metoo) Pleading

Will and trust cases often implicate the interests of multiple parties, some of whom may wish to participate in the proceeding, but be unable or unwilling to engage counsel.   By filing with the court an appearance form available on the New Hampshire Probate Court’s website and copying all other parties and their counsel on the filing, an […]

Argument Before a “Hot Bench”

The Justices of the New Hampshire Supreme Court asked lots of penetrating questions in the oral argument (video link) in In re Estate of Mesiti, an interlocutory appeal presenting an important standing issue of first impression, namely, whether a child can contest a parent’s will without an allegation that he will benefit if he wins. As discussed in […]

NH Trust Docket Decision On Undue Influence and Other Trust Contest Claims (Link to Order)

Congratulations to Frank Kenison and Bridget Denzer on their big win in Bonanno v. Bonanno and many thanks to them for sharing Judge David King’s Final Order, which is a great primer on NH law governing trust contests on undue influence and other grounds.  In these cases, the alleged undue influencer almost always was in a confidential […]

Upcoming Speaking Engagements

On October 18, 2018, I will be speaking with Joseph Bierwirth of Hemenway & Barnes of Boston and Kevin Rethore of DLA Piper of Philadelphia on “Trust Litigation: Trends and Recent Developments” at the New Hampshire Trust Conference presented by the New Hampshire Trust Council. On November 28, 2018, I will be speaking with Alyssa […]

A Suspected “Sweetheart Swindle”

Many of our cases involve actual or suspected financial exploitation of the elderly in which a claim is made that someone took advantage of the cognitive and/or emotional vulnerability of an older person to gain financial enrichment from “gifting” of assets, changes in financial accounts, and/or rewriting of estate plans.  While the typical case involves […]

NH’s Updated Power of Attorney Statute

Power of attorney accounting actions are among the most common types of litigation in our practice.  Effective January 1, 2018, New Hampshire adopted a new statute that made some significant changes and refinements to the law.  Here is a recent article in the “Know the Law” series of the Union Leader that discusses the new law.