McKenzie Gifting Order

This order 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 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 [...]

Me Too (not #metoo) Pleading

Will and trust cases often implicate the interests of multiple parties, some of whom may wish to participate in the proceeding, but be unable or unwilling to engage counsel.   By filing with the court an appearance form available on the New Hampshire Probate Court’s website and copying all other parties and their counsel on the filing, an […]

Me Too Pleading

Disclaimer This pleading is offered as a sample for educational purposes only and no representation is made that the pleading will be accepted by the court or protect any interests or rights.  References to law and rules may not be current or accurate.  You must evaluate whether the pleading has utility in a given case. [...]

Argument Before a “Hot Bench”

The Justices of the New Hampshire Supreme Court asked lots of penetrating questions in the oral argument (video link) in In re Estate of Mesiti, an interlocutory appeal presenting an important standing issue of first impression, namely, whether a child can contest a parent’s will without an allegation that he will benefit if he wins. As discussed in […]

NH Trust Docket Decision On Undue Influence and Other Trust Contest Claims (Link to Order)

Congratulations to Frank Kenison and Bridget Denzer on their big win in Bonanno v. Bonanno and many thanks to them for sharing Judge David King’s Final Order, which is a great primer on NH law governing trust contests on undue influence and other grounds.  In these cases, the alleged undue influencer almost always was in a confidential […]

Safe Harbor Motion

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 [...]