Important Standing Issue On Appeal

At our request, NH Probate Court Justice Mark Weaver has certified for interlocutory appeal an important standing issue of first impression and the NH Supreme Court has now accepted the appeal.  In In re Estate of Mesiti, the son of the testator filed claims to contest the validity of his father’s last will and testament on alleged […]

Opportunities for Trustees to Limit Statutes of Limitations (Links to Sample Notices)

The MA and NH Trust Codes offer trustees important opportunities to reduce the statutes of limitations for actions to contest trust validity and the NH Code offers trustees an opportunity to reduce the limitations period governing claims of breach of fiduciary duty against them.  Although some of my colleagues worry that taking the steps outlined […]

Probate Litigation Seminar (PP slides link)

I presented on April 18 at a National Business Institute education program for New Hampshire lawyers “Probate Administration From Start to Finish“  I was to cover the  following probate litigation topics, but as sometimes happens ran out of time. Will and Trust Contests Power of Attorney and Constructive Trust Claims Pretermitted Heir Claims  Creditor Claims and […]

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 […]