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 […]

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 […]

New MBA Ethics Opinion Discusses Release of Deceased Client’s Estate Planning File

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 […]

Lessons for Estate Planners

PROBATE LITIGATION LESSONS FOR THE ESTATE PLANNER © Ralph F. Holmes, Esq. ralph.holmes@mclane.com Office: (603) 628-1409 Cell: (857) 278-0019 Updated January 2016   Introduction Due to a variety of demographic changes (we live longer, get divorced more, and have more wealth), the incidence of estate plan challenges has been on the rise. The most common […]