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 […]

NH Supreme Court Allows Action for Consequential Damages for Breach of Covenant Not To Sue (Link to Opinion)

In settling an estate/trust dispute, parties generally want their settlement agreement to, not only resolve the issues in contention, but also protect against the initiation of future litigation among the parties.  Settlement agreements almost always include broad mutual releases of claims and sometimes also set forth contractual promises that no further litigation will be initiated, […]

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 […]

Private Sale At Appraised Price Affirmed As Partition Remedy (Link to NH Supreme Court Opinion)

When clients tell a partner of mine that they want to leave their beloved vacation home to their children, he half-jokingly responds, “Why would you do that to them?” and then explains that, all too often, family disputes develop over grievances about uneven use, contributions to maintenance, tax, insurance and other expenses, and other property […]

Excellent Article On The NH Foundation Act

My partner Steve Burke, Thanda Brassard of Fiduciary Trust Company, Von E. Sanborn of Day Pitney LLP, and Constance Shields of Withers Bergman LLP have made a significant contribution to the literature discussing NH Foundation Act with the publication of “The New Hampshire Foundation Act: A Solid Foundation for Wealth Management on a Global Scale” […]