Craig Case Update

In a prior post, I discussed that a decision by the NH Supreme Court in In re Teresa Craig Living Trust finding that the NH pretermitted heir statute applies to trusts would upheave NH trust law.  Given that the case turns on the interpretation of section 1-112 of the NH Trust Code, which is drawn from the […]

Recent Seminar on NH Probate Litigation

I had the pleasure of presenting at a seminar for NH lawyers this week entitled “Probate: Everything You Need to Know” and spoke about probate litigation issues, including will and trust contests and POA accounting, constructive trust, pretermitted heir, and breach of fiduciary duty claims.  Here are my NH Probate Litigation Seminar PP Slides Feb. […]

Randall v. Mahan: Advice of Counsel Defense

Congratulations to Roy McCandless on his big win for the trustee in Randall v. Mahan, a case in which Judge Gary R. Cassavechia acting as Judicial Referee carefully analyzes reliance on counsel as a defense to breach of fiduciary duty claims.  The Order is important reading for counsel representing trustees or beneficiaries.  Circuit Judge Michael L. Alfano adopted […]

Will NH Supreme Court Upheave NH Trust Law?

Rarely, has the NH Supreme Court had a case with the potential to disrupt trust law and practice as In re Teresa Craig Living Trust recently transferred as an interlocutory appeal without ruling by Judge King of the NH Trust Docket. Craig presents the issue of whether the pretermitted heir statute, RSA 551:10, applies to trusts.  The claimants (grandchildren […]

Elder Exploitation Reporting Resource

There is an epidemic of sophisticated exploitation of our elderly.  According to the National Adult Protective Services Association (NAPSA): One in nine seniors reported being abused, neglected or exploited in the past twelve months; the rate of financial exploitation is extremely high, with 1 in 20 older adults indicating some form of perceived financial mistreatment occurring […]

Does Debenedetto Apply In NH Trust Cases?

An important, unresolved issue in New Hampshire trust law is whether the allocation of fault among responsible parties required in civil cases under Debenedetto v. CLD, 153 N.H. 793 (2006), applies to breach of duty claims against trustees.  While I have raised the issue when representing a defendant trustee, the Court has not ruled on […]

Upcoming Trust Litigation Presentation

Kevin W. Rethore of DLA Piper and I will be presenting on trust litigation at the 2017 New Hampshire Trust Conference sponsored by New Hampshire Trust Council.  The Council is a leader in efforts to develop and maintain New Hampshire’s advantage as a situs for trusts and is active both in our legislature and courts […]

A Cautionary Tale About Statutes of Limitations

A case recently heard by the Norfolk County, Massachusetts Superior Court serves as a reminder of the importance of paying attention to statutes of limitation and requirements for service of process, especially in cases involving estates. Under Massachusetts law, a personal representative does not need to acknowledge any claim by a creditor of the decedent […]

Trustee and Guardian Fees – Tips from the Sidelines on Proper Billing Practices

We recently handled a matter involving a variety of claims pertaining to special needs trusts and a guardianship established for the benefit of an individual who became incapacitated after a tragic car accident.  The Court was presented with a myriad of issues stemming from the conduct of the trustee and professional guardian and her controversial […]