A resource for lawyers and the public in Massachusetts and New Hampshire for information on will contests, trust disputes, guardianships, conservatorships, elder exploitation, fiduciary duty claims, and other probate litigation disputes.
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As noted in a prior post by Ralph Holmes, in terrorem or “no-contest” provisions are becoming increasingly common in estate plans in New Hampshire. Such provisions are intended to discourage litigation and effect this purpose by calling for the forfeiture of a legatee’s interests in the will or trust in the event of an unsuccessful […]
I am delighted to report that the NH Supreme Court in In re Teresa E. Craig Living Trust ruled in our favor in a widely followed case that, if it had gone the other way, would have significantly unsettled NH trust law and practice. Craig presented the issue of whether the pretermitted heir statute, RSA 551:10, applies […]
Power of attorney accounting actions are among the most common types of litigation in our practice. Effective January 1, 2018, New Hampshire adopted a new statute that made some significant changes and refinements to the law. Here is a recent article in the “Know the Law” series of the Union Leader that discusses the new law.
The NH Supreme Court’s recent decision in Ketteridge v. Martin Lord & Osman, P.A. strongly suggests that the Court will likely hold that an estate planning attorney does not owe a duty to intended beneficiaries of an estate plan to evaluate whether the client is being subjected to undue influence when the client makes a change to […]
On June 3, Last Week Tonight with John Oliver delivered a funny but eye-opening examination of the guardianship process in the United States. Bringing his trademark wit, John Oliver points out ways in which the guardianship system fails those vulnerable people it is designed to protect. People who watched the clip may wonder after watching […]
One of the more significant decisions from the New Hampshire Supreme Court as it relates to the area of Trusts and Estates was decided this year. On January 22, 2018, the Court denied the Defendant’s Motion for Reconsideration or Rehearing, thereby finalizing its decision in the case of Hodges v. Johnson.
