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 […]

Rogers February 1, 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 […]

Private Sale At Appraised Price Affirmed As Partition Remedy (Link to NH Supreme Court Opinion)

When clients tell a partner of mine that they want to leave their beloved vacation home to their children, he half-jokingly responds, “Why would you do that to them?” and then explains that, all too often, family disputes develop over grievances about uneven use, contributions to maintenance, tax, insurance and other expenses, and other property […]

Hayes March 29, 2019 NH Supreme Court Opinion

This order is offered as a sample 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 […]

Objection to Motion to Require To Require Trustee to Personally Pay Defense Costs

This pleading is offered as a sample for educational purposes only. References to law and rules may not be current or accurate.  Counsel must evaluate whether the pleading 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 […]

Excellent Article On The NH Foundation Act

My partner Steve Burke, Thanda Brassard of Fiduciary Trust Company, Von E. Sanborn of Day Pitney LLP, and Constance Shields of Withers Bergman LLP have made a significant contribution to the literature discussing NH Foundation Act with the publication of “The New Hampshire Foundation Act: A Solid Foundation for Wealth Management on a Global Scale” […]