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 […]

Good Work If You Can Get It: FL Court Approves $24.6 M Trustee Fees

Thanks to Charles Ranson who served as an expert witness in the dispute over the fees of the Trustees of the Robert Rauschenberg Revocable Trust for his post on the Court’s decision.  On the death of Robert Rauschenberg on May 12, 2008, the Trust was funded with assets of $605 million.   In 2012, the Trustees distributed to the Robert Rauschenberg Foundation […]