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 […]
I will be on the panel for this CLE (Link works after Continue Reading) with Susan Abert, Brooksley Belanger, Judith Bomster, Ann Butenhof, David R. Craig, John E. Laboe, Dr. Eric Mart, Cheryl Steinberg, and Kerri Tasker. It looks like it should be a great program!
This case does not make any new law, but illustrates a number of important principles for fiduciary breach claims against trustees. The case arose from a trust established by Richard Hallett administered following his death by his widow and attorney serving as trustees. Upon his death, family and QTIP sub-trusts were to be funded. As detailed […]
Financial exploitation of the elderly is a common theme in our work. Entitled “Exploitation of the Elderly Can Begin with Modest Gifts,” here is an article by yours truly in the Union Leader’s Know the Law series (link works after Continue Reading).
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.