Hodges v. Johnson – Can you still decant to remove beneficiaries in New Hampshire? The statute says yes but the court says not in this case
One of the more significant decisions from the New Hampshire Supreme Court as it relates to the area of Trusts and Estates was decided this year. On January 22, 2018, the Court denied the Defendant’s Motion for Reconsideration or Rehearing, thereby finalizing its decision in the case of Hodges v. Johnson.
With the highest duties in law and significant liability exposure, fiduciaries generally are entitled and, in the exercise of due care may be required, to engage counsel at trust expense for guidance as to the proper administration of their responsibilities. When the fiduciary’s conduct is contested, she may be able to defend the claims by […]
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 […]
An important, unresolved issue in New Hampshire trust law is whether the allocation of fault among responsible parties required in civil cases under Debenedetto v. CLD, 153 N.H. 793 (2006), applies to breach of duty claims against trustees. While I have raised the issue when representing a defendant trustee, the Court has not ruled on […]
In cases involving the construction or validity of an estate plan, the testimony of counsel who prepared the plan often is pivotal – for good or ill. Such was the case in Tay v. Grondin in which we defended the Trustee from an action seeking to remove and surcharge him for alleged mismanagement of the sale of a […]