Rogers v. Rogers: Not All “Probate” Litigation May Be Brought In Probate Court (Link to NH Supreme Court Opinion)

Forum selection is an important decision in fiduciary litigation.  For New Hampshire cases, we prefer the Probate Court over the Superior Court because Probate Court judges daily consider fiduciary principles, law, and practice issues.  In some cases, such as a dispute over an administrator’s account, the Probate Court has exclusive jurisdiction.  In other cases, the […]

Rogers February 1, 2019 NH Supreme Court Opinion

This order is offered for educational purposes only. References to law and rules may not be current or accurate.  Counsel must evaluate whether the order 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 via the information […]

NH Trust Docket Declines To Recognize Inheritance Interference Claim (Link to Order)

In Swenson v. Silk et al. in a thoughtful, scholarly order, Judge David King declined to recognize intentional interference with inheritance as a claim in New Hampshire.  The Swenson petitioners as trustees and beneficiaries of a trust claim that a deceased predecessor trustee breached his fiduciary duties by making impermissible trust distributions to himself and that these distributions were […]