Volpe November 3, 2020 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.   (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra Cote at […]

In re J.P. July 31, 2020 NH Supreme Court Opinion

This Order is offered for educational purposes only. References to law and rules may not be current.  Counsel must evaluate whether the Order has utility in a given case.     (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra Cote at alexandra.cote@mclane.com.) […]

Contradictions in NH Law: Claims of Deceased Settlor’s Creditors (Links to New Sample Notices)

In preparing our NH Deadlines Page, I was struck by the significant inconsistency between our probate statutes and Trust Code relative to the limitations periods for claims against a decedent and offer the following comments in anticipation that this conflict will be of concern to counsel and lead to litigation. Probate Scheme For Creditor Claims […]

Dow October 21, 2019 NH Probate Court 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. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra Cote at alexandra.cote@mclane.com.) […]

Notice of Creditor Claim by Trustee Does Not Serve as Notice by Trust Beneficiary

In order to preserve the right to bring a creditor claim against a NH estate, a creditor must serve on the administrator a demand for payment within six months of the administrator’s appointment.  As I have previously discussed, the procedural requirements governing creditor claims are strict and even actual knowledge of the claim by the […]

Gray December 9, 2019 NH Federal Court Order

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.   (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact […]