Randall v. Mahan: Advice of Counsel Defense

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 […]

Will NH Supreme Court Upheave NH Trust Law?

Rarely, has the NH Supreme Court had a case with the potential to disrupt trust law and practice as In re Teresa Craig Living Trust recently transferred as an interlocutory appeal without ruling by Judge King of the NH Trust Docket. Craig presents the issue of whether the pretermitted heir statute, RSA 551:10, applies to trusts.  The claimants (grandchildren […]

Does Debenedetto Apply In NH Trust Cases?

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 […]

Upcoming Trust Litigation Presentation

Kevin W. Rethore of DLA Piper and I will be presenting on trust litigation at the 2017 New Hampshire Trust Conference sponsored by New Hampshire Trust Council.  The Council is a leader in efforts to develop and maintain New Hampshire’s advantage as a situs for trusts and is active both in our legislature and courts […]