Excellent Article On The NH Foundation Act

My partner Steve Burke, Thanda Brassard of Fiduciary Trust Company, Von E. Sanborn of Day Pitney LLP, and Constance Shields of Withers Bergman LLP have made a significant contribution to the literature discussing NH Foundation Act with the publication of “The New Hampshire Foundation Act: A Solid Foundation for Wealth Management on a Global Scale” […]

Demand Exhibition Deadline Applies To Estate Creditor With Contingent Claim (Link to NH Trust Docket Order)

In Christo v. Silk, the NH Trust Docket confirmed that a potential creditor who might in the future have a claim against a probate estate must, like a creditor holding a fully actionable claim, exhibit a demand on the administrator within the first six months of administration under RSA 556:2-3.   Linda Christo was a principal beneficiary of the estate plan […]

NH Trust Law Recommended Resources

Thanks to the leadership of the New Hampshire Trust Council, the dedication and foresight of political leaders of both parties, and the support of our trust bar, NH has serially modernized its trust and estate law to become among the most attractive and accommodative jurisdictions in the country for the siting of trusts.  Reflecting the […]

NH Probate Court Presentation: “2018 Cases & Topics of Note” (Link To Orders)

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 […]

NH Trust Docket Declines To Recognize Inheritance Interference Claim (Link to Order)

In Swenson v. Silk et al. in a thoughtful, scholarly order, Judge David King declined to recognize intentional interference with inheritance as a claim in New Hampshire.  The Swenson petitioners as trustees and beneficiaries of a trust claim that a deceased predecessor trustee breached his fiduciary duties by making impermissible trust distributions to himself and that these distributions were […]

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 […]