It’s a situation that estate planning petitioners sometimes encounter: a relative of a recently deceased client requests a copy of the attorney’s file relating to the execution of the decedent’s will. Sometimes it’s the proponent of the will. Sometimes it’s a disappointed heir who has mounted (or is considering) a will contest. Maybe the file […]
Kudos to Henry Klementowicz on his big win in Estate of Mullin! The Court affirmed our win below before the NH Probate Court (discussed in a prior post) in which the Court ruled that it did not have exclusive jurisdiction to determine ownership of property titled in the name of a NH probate decedent.
I had the pleasure of presenting at the MCLE 18th Annual New England Estate Planning (and More) Conference on January 5. I presented on “Capacity Evidence in Will and Trust Contests.” Here is a link to my written materials and a link to my slides.
Harvard Law School Professor Robert Sitkoff has called to my attention that Scheffel v. Krueger, a case I successfully argued to the NH Supreme Court, appears in Wills, Trusts and Estates, the leading T&E law school text which Sitkoff and and Professor Jesse Dukeminier author. Kyle Krueger had sexually assaulted a minor (and allegedly filmed and internet […]
I will be on the panel for this CLE (Link works after Continue Reading) with Susan Abert, Brooksley Belanger, Judith Bomster, Ann Butenhof, David R. Craig, John E. Laboe, Dr. Eric Mart, Cheryl Steinberg, and Kerri Tasker. It looks like it should be a great program!
This case does not make any new law, but illustrates a number of important principles for fiduciary breach claims against trustees. The case arose from a trust established by Richard Hallett administered following his death by his widow and attorney serving as trustees. Upon his death, family and QTIP sub-trusts were to be funded. As detailed […]
Financial exploitation of the elderly is a common theme in our work. Entitled “Exploitation of the Elderly Can Begin with Modest Gifts,” here is an article by yours truly in the Union Leader’s Know the Law series (link works after Continue Reading).
In decisions establishing new law in New Hampshire for the discipline of professional guardians, Judge Gary Cassavechia, acting as Judicial Referee, and Judge Edwin Kelly, as Administrative Judge for the Circuit Court, reviewed conduct by Jeannette Marino, a prominent NH professional guardian since 2006, in two of her guardianships with Judge Cassavechia recommending a two-year […]
In Heyn v. Director of Medicaid, the Massachusetts Appeals Court in an April 15, 2016 decision considered whether provisions in a self-settled trust rendered it a “countable asset” for Medicaid eligibility. The trust mandated distributions of income to the settlor and authorized the trustee to sell assets for fair value and “to determine, in accordance with reasonable accounting principles […]