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 […]

NH Supreme Court Decides Important Charitable Trust Standing Issue (Link to Opinion)

In In re Trust of Mary Baker Eddy, the NH Supreme Court (Donovan, J.) decided an important issue of first impression, namely, the requirements for standing of a potential beneficiary of a charitable trust to file a court action relative to the administration of the charity.  Charitable trusts are non-profits, including hospitals, colleges, public service […]

Santilli “Slayer Rule” Case Dismissed On Jurisdictional Grounds (Link to NH Trust Docket Order)

In a careful and thorough consideration of the evidence, the NH Trust Docket ruled that NH does not have jurisdiction to probate the estate of John Chakalos and consequently the pending “slayer rule” action against his grandson Nathan Carman must be dismissed.  The decision is a major victory for Nathan and his legal team as […]

NH Supreme Court Allows Action for Consequential Damages for Breach of Covenant Not To Sue (Link to Opinion)

In settling an estate/trust dispute, parties generally want their settlement agreement to, not only resolve the issues in contention, but also protect against the initiation of future litigation among the parties.  Settlement agreements almost always include broad mutual releases of claims and sometimes also set forth contractual promises that no further litigation will be initiated, […]

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 […]