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 […]
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 […]
Although the NH Supreme Court’s decision in Brooks v. Allen does not establish new law, it is important precedent for the resolution of property division disputes between domestic partners. Renee Brooks and Steven Allen had lived as a family for twenty years and had a son. They owned jointly property in Northwood and Allen was the sole […]
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 […]
Any adult who seeks guardianship over the person and/or estate of an adult must demonstrate, by a preponderance of the evidence, that the proposed ward is incapacitated within the meaning of RSA 464-A, 2, XI and that no less restrictive alternative exists.
To obtain a guardianship over an incapacitated adult in New Hampshire, there are many forms that must be filed. If you fail to file the correct forms, the process can be delayed or even worse, your case can be dismissed.
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 […]
Both the NH and MA Probate Courts are vested with exclusive jurisdiction over the composition of their probate estates. What happens when this grant of exclusive jurisdiction is in conflict with the rights of a foreign court to decide title to property claimed by a NH or MA probate estate? We represent the Trustee of a California trust […]
Congratulations! to Roy McCandless for his big win in Stompor v. Stompor (2016) and thanks to Roy for sharing a copy of the decision. (Please forward yours!) Weighing in at 60 pages, Stompor is the latest installment of impressive scholarship by Judge Cassavechia and once again highlights the need for publication of important NH Probate Court decisions. The […]