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” […]

Demand Exhibition Deadline Applies To Estate Creditor With Contingent Claim (Link to NH Trust Docket Order)

In Christo v. Silk, the NH Trust Docket confirmed that a potential creditor who might in the future have a claim against a probate estate must, like a creditor holding a fully actionable claim, exhibit a demand on the administrator within the first six months of administration under RSA 556:2-3.   Linda Christo was a principal beneficiary of the estate plan […]

NH Trust Law Recommended Resources

Thanks to the leadership of the New Hampshire Trust Council, the dedication and foresight of political leaders of both parties, and the support of our trust bar, NH has serially modernized its trust and estate law to become among the most attractive and accommodative jurisdictions in the country for the siting of trusts.  Reflecting the […]