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 […]

Christo January 29, 2019 Trust Docket Order

This order is offered for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the order has utility in a given case.  I am always happy to try to answer general questions of fellow counsel about law and practice and can be reached via the information [...]

Creditor Claims (NH)

CREDITOR CLAIMS (NH LAW) © Ralph F. Holmes, Esq. ralph.holmes@mclane.com Office: (603) 628-1409 Cell: (857) 278-0019 Updated January 2016 Creditor’s Deadlines Within six months of the grant of administration, creditor must present a demand to the Administrator by registered mail setting forth “the nature and amount of the claim and a demand for payment.”  RSA […]

A Cautionary Tale About Statutes of Limitations

A case recently heard by the Norfolk County, Massachusetts Superior Court serves as a reminder of the importance of paying attention to statutes of limitation and requirements for service of process, especially in cases involving estates. Under Massachusetts law, a personal representative does not need to acknowledge any claim by a creditor of the decedent […]

The Morass of Bourassa: A Way Out

The NH Supreme Court’s decision in Estate of Bourassa (2009) is quite the muddle.  I can’t reconcile it with governing law.  Here’s my recommendation as to how it should be construed to fix the discrepancies at: Bar News Article.  (sorry, have to hit the Continue Reading button for hotlink to work).

Mills: Unresolved Questions

In In re Estate of Mills, 167 N.H. 125 (2014), the Court clarified that a mortgagee has no duty under RSA chapter 556 to exhibit a demand within six months or to file suit within one year of the grant of administration in order to foreclose. The Court did not address whether the creditor must […]

A Sample Tulsa Notice

Under Tulsa Professional Collection Services v. Pope, 108 S. Ct. 1340 (1988), known and reasonably ascertainable creditors are entitled to actual notice of the opening of the estate and the deadlines for filing claims. Here is a simple sample:   [case caption] NOTICE  [Date]  TO:                   [Creditor] FROM:           […]