Probate Litigation Presentation Slides

I have the pleasure today of presenting at the Probate Process From Start To Finish,.  My presentation will cover probate disputes and litigation, including: Elder Exploitation; Will and Trust Contests; Pretermitted Heir Claims; and Power of Attorney and Constructive Trust Claims I will be joined on the faculty by highly regarded colleagues in the probate […]

Upcoming Presentation for NH Paralegals

I am happy to report that I will be presenting at the Probate Process From Start To Finish, a full day seminar for paralegals on October 4, 2019.  My presentation will cover probate disputes and litigation, including: Elder Exploitation; Will and Trust Contests; Pretermitted Heir Claims; and Power of Attorney and Constructive Trust Claims I will […]

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 […]

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 […]