Motion – Capias

This pleading is offered as a sample for educational purposes only.  References to law and rules may not be current or accurate.  Counsel must evaluate whether the pleading has utility in a given case.  I am always happy to try to answer general questions of fellow counsel about law and practice and can be reached [...]

POA Accountings

POWER OF ATTORNEY ACCOUNTINGS (NH LAW) © Ralph F. Holmes, Esq. ralph.holmes@mclane.com Office: (603) 628-1409 Cell: (857) 278-0019 Updated January 2016 In seminars, I sometimes refer to powers of attorney as “licenses to steal.” Although made part in jest, the comment can be all too true. Millions of elderly impaired Americans have delegated control over […]

Trust Material Purposes

Trust Material Purposes © Ralph F. Holmes, Esq. ralph.holmes@mclane.com Office: (603) 628-1409 Cell: (857) 278-0019 Updated January 2016             The New Hampshire Trust Code (the “NHTC”) offers parties and the court great flexibility in terminating and restructuring trusts, subject to one significant limitation: the result cannot be inconsistent with a trust “material purpose.” Although of […]

Petition – Partition Real Estate

This pleading is offered as a sample for educational purposes only.  References to law and rules may not be current or accurate.  Counsel must evaluate whether the pleading has utility in a given case.  I am always happy to try to answer general questions of fellow counsel about law and practice and can be reached [...]

Lessons for Estate Planners

PROBATE LITIGATION LESSONS FOR THE ESTATE PLANNER © Ralph F. Holmes, Esq. ralph.holmes@mclane.com Office: (603) 628-1409 Cell: (857) 278-0019 Updated January 2016   Introduction Due to a variety of demographic changes (we live longer, get divorced more, and have more wealth), the incidence of estate plan challenges has been on the rise. The most common […]

Mills: Unresolved Questions

In In re Estate of Mills, 167 N.H. 125 (2014), the Court clarified that a mortgagee has no duty under RSA chapter 556 to exhibit a demand within six months or to file suit within one year of the grant of administration in order to foreclose. The Court did not address whether the creditor must […]