Riso May 10, 2019 NH Supreme Court Opinion

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 […]

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 […]

Santilli May 9, 2019 NH 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 […]

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, […]

Pro Done, Inc. May 3, 2019 NH Supreme Court Opinion

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 […]

Hodges December 12, 2017 NH Supreme Court Opinion

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 […]

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 […]