You’re Going To Be A Fiduciary? Read This!

Much of our practice involves bringing claims against and defending lay fiduciaries.  We find that they make common mistakes that often could have been avoided had they been more thoughtful and careful.  Because fiduciary duties are the highest in law, namely, utmost loyalty and care, the liability consequences of carelessness can be big legal bills, […]

Tarnawa: Superior Court Has Concurrent Jurisdiction To Partition Inherited Real Estate (Link to Opinion)

In Tarnawa v. Goode, the NH Supreme Court (Hicks, J.) affirmed that the Superior Court has concurrent jurisdiction with the Probate Court to partition real estate, even though the owners previously inherited it in a NH probate proceeding.  Congratulations to Joshua Gordon who represented the prevailing party.  The decision is in accord with the general […]

Tarnawa July 2, 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 Federal District Court Recognizes Intentional Interference With Inheritance Claim (Link to Order)

In apparent conflict with an order by the NH Trust Docket in Swenson v. Christo previously discussed by Andrea Schweitzer, the NH Federal District Court (DeClerico, J.) in Doyon v. Porter held that “New Hampshire would recognize the tort of intentional interference with an inheritance.”  Thanks to Greg Moffett who kindly brought Doyon to my […]

Doyon June 25, 2019 NH Federal District Court Order

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 Supreme Court Decides Important Charitable Trust Standing Issue (Link to Opinion)

In In re Trust of Mary Baker Eddy, the NH Supreme Court (Donovan, J.) decided an important issue of first impression, namely, the requirements for standing of a potential beneficiary of a charitable trust to file a court action relative to the administration of the charity.  Charitable trusts are non-profits, including hospitals, colleges, public service […]

Riso May 10, 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 […]

Santilli “Slayer Rule” Case Dismissed On Jurisdictional Grounds (Link to NH Trust Docket Order)

In a careful and thorough consideration of the evidence, the NH Trust Docket ruled that NH does not have jurisdiction to probate the estate of John Chakalos and consequently the pending “slayer rule” action against his grandson Nathan Carman must be dismissed.  The decision is a major victory for Nathan and his legal team as […]