Scheffel v. Krueger Appears in Leading T&E Text

Harvard Law School Professor Robert Sitkoff  has called to my attention that Scheffel v. Krueger, a case I successfully argued to the NH Supreme Court, appears in Wills, Trusts and Estates, the leading T&E law school text which Sitkoff and and Professor Jesse Dukeminier author. Kyle Krueger had sexually assaulted a minor (and allegedly filmed and internet […]

Video: Elder Exploitation Overview

In addition to publishing commentary that lawyers may find helpful, we want to provide information and guidance for the lay public.  Here is our first installment, a brief video (link works after Continue Reading button), offering an overview about elder exploitation, a critically important issue that is a frequent theme in our cases.  Kudos to Mike [...]

Probate Court Establishes Professional Guardian Discipline Law In 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 […]

Trustee’s Power To Acquire Annuity f/b/o Settlor Does Not Make Trust “Countable Asset”

In Heyn v. Director of Medicaid, the Massachusetts Appeals Court in an April 15, 2016 decision considered whether provisions in a self-settled trust rendered it a “countable asset” for Medicaid eligibility.  The trust mandated distributions of income to the settlor and authorized the trustee to sell assets for fair value and “to determine, in accordance with reasonable accounting principles […]

Arbitrability of Will and Trust Disputes In NH

Some settlors/testators in order to maximize the confidentiality of financial or family information that could be disclosed in litigation or based on a belief that arbitration is cheaper and faster than court proceedings might want to require that disputes involving their estate plans be resolved by arbitration.  Anticipating this market, the American Arbitration Association (AAA) has detailed […]