Does Debenedetto Apply In NH Trust Cases?

An important, unresolved issue in New Hampshire trust law is whether the allocation of fault among responsible parties required in civil cases under Debenedetto v. CLD, 153 N.H. 793 (2006), applies to breach of duty claims against trustees.  While I have raised the issue when representing a defendant trustee, the Court has not ruled on […]

Upcoming Trust Litigation Presentation

Kevin W. Rethore of DLA Piper and I will be presenting on trust litigation at the 2017 New Hampshire Trust Conference sponsored by New Hampshire Trust Council.  The Council is a leader in efforts to develop and maintain New Hampshire’s advantage as a situs for trusts and is active both in our legislature and courts […]

A Cautionary Tale About Statutes of Limitations

A case recently heard by the Norfolk County, Massachusetts Superior Court serves as a reminder of the importance of paying attention to statutes of limitation and requirements for service of process, especially in cases involving estates. Under Massachusetts law, a personal representative does not need to acknowledge any claim by a creditor of the decedent […]

Trustee and Guardian Fees – Tips from the Sidelines on Proper Billing Practices

We recently handled a matter involving a variety of claims pertaining to special needs trusts and a guardianship established for the benefit of an individual who became incapacitated after a tragic car accident.  The Court was presented with a myriad of issues stemming from the conduct of the trustee and professional guardian and her controversial […]

Importance of Counsel Testimony

In cases involving the construction or validity of an estate plan, the testimony of counsel who prepared the plan often is pivotal – for good or ill. Such was the case in Tay v. Grondin in which we defended the Trustee from an action seeking to remove and surcharge him for alleged mismanagement of the sale of a […]