NH Supreme Court Holds Will’s Choice of Law Provision Does Not Control Pretermitted Heir Claim

Congratulations to Nadine Catalfimo and Lisa Bellanti for their win in In re Estate of Marie G. Dow in which the Court held that NH law governs a pretermitted heir claim, notwithstanding that the will recites that the estate is “to be administered and enforced according to the laws of the Commonwealth of Massachusetts.”  The decision […]

Court Enforces Accelerated Trust Contest SOL

The MA and NH Trust Codes offer trustees important opportunities to reduce the statutes of limitations/repose (SOL) for actions to contest trust validity.  For a revocable trust that becomes irrevocable at death, the default limitations/repose period for contesting trust validity is one year in MA and three years in NH, both running from the settlor’s […]

“Traps for the Unwary” Updated

As a member of the New Lawyers’ Committee of the New Hampshire Bar Association, I had the opportunity to revise the Probate section of the Committee’s publication “Traps for the Unwary”.  Aptly titled, the publication attempts to identify some of the “traps” into which both new and experienced lawyers may fall.  This seventh edition of […]

Difficult Times For Charities In the Days Ahead

Many museums, hospitals, private schools, colleges, summer camps, and other non-profits were already facing economic challenges before the pandemic and now confront even greater financial stress.  Some may not survive.  When a non-profit is no longer able to carry out its charitable mission, difficult legal issues can arise with regard to the disposition of its […]

Contradictions in NH Law: Claims of Deceased Settlor’s Creditors (Links to New Sample Notices)

In preparing our NH Deadlines Page, I was struck by the significant inconsistency between our probate statutes and Trust Code relative to the limitations periods for claims against a decedent and offer the following comments in anticipation that this conflict will be of concern to counsel and lead to litigation. Probate Scheme For Creditor Claims […]

ANNOUNCING NEW SERVICE!

We are delighted to announce our NH Estate & Trust Deadlines page, which counsel will want to bookmark.  The fear of missing deadlines is among the most anxiety provoking aspects of this job and this should be a big help in alleviating that stress.  We have culled NH statutes and Probate Rules to highlight the […]

NH Pretermitted Heir Appeal

Big thanks to Attorney Lisa Bellanti for calling to our attention the appeal she and Nadine Catalfimo have before the NH Supreme Court of the Probate Court’s Order in Estate of Marie G. Dow in which the Court held that a will’s choice of MA law requires that MA law governs a child’s pretermitted heir […]