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.
Counsel, please send us your court orders and pleadings of potential interest to the bar. We will link any posting to your website and give you full credit. Please tell us how we can improve this site to better serve you, other lawyers, and the public.
Both the NH and MA Probate Courts are vested with exclusive jurisdiction over the composition of their probate estates. What happens when this grant of exclusive jurisdiction is in conflict with the rights of a foreign court to decide title to property claimed by a NH or MA probate estate? We represent the Trustee of a California trust […]
Congratulations! to Roy McCandless for his big win in Stompor v. Stompor (2016) and thanks to Roy for sharing a copy of the decision. (Please forward yours!) Weighing in at 60 pages, Stompor is the latest installment of impressive scholarship by Judge Cassavechia and once again highlights the need for publication of important NH Probate Court decisions. The […]
The NH Supreme Court’s decision in Estate of Bourassa (2009) is quite the muddle. I can’t reconcile it with governing law. Here’s my recommendation as to how it should be construed to fix the discrepancies at: Bar News Article. (sorry, have to hit the Continue Reading button for hotlink to work). (Note: Ralph Holmes is currently retired from McLane Middleton. For information […]
PRETERMITTED HEIRS (NH LAW) © Ralph F. Holmes To protect children and grandchildren from being inadvertently disinherited when omitted in a Will, RSA 551:10 provides that, if certain conditions are met, the omitted child or grandchild shall receive the same estate share as he or she would have received had there been no Will […]
