Attorney Andrea Poole to Present During a Webinar Sponsored by the National Business Institute

On Tuesday, March 21, 2023, McLane Middleton attorney Andrea J. Poole (AJ) will be presenting during a webinar entitled, “New Hampshire Probate Process: In 7 Simple Steps,” sponsored by the National Business Institute. The program will provide essential knowledge of probate processes and best practices for handling each unique case effectively. AJ will be discussing “Step 7: […]

Article on Accelerating Limitations Periods in Trust Administration

The following article was published in the Union Leader on August 7, 2022: Know the Law: Let’s Move This Along – Accelerating Limitations Periods in Trust Administration Q: How can trustees reduce the limitations periods for challenges to the trust instrument or the trustee’s administration? A: In probate litigation, there are two primary challenges a beneficiary […]

When in Doubt: A Trial Lawyer’s Call for Caution When it Comes to Remote Signings

States across the country took steps to permit remote execution of estate planning documents.  In some instances, remote notarization and witness attestation are temporary conveniences, but as more drafters utilize these accommodations, the question becomes one of longevity: are these changes here to stay?  And if so, the question for this attorney becomes one of […]

“Traps for the Unwary” Updated

As a member of the New Lawyers’ Committee of the New Hampshire Bar Association, I had the opportunity to revise the Probate section of the Committee’s publication “Traps for the Unwary”.  Aptly titled, the publication attempts to identify some of the “traps” into which both new and experienced lawyers may fall.  This seventh edition of […]

Probate Litigation Presentation Slides

I have the pleasure today of presenting at the Probate Process From Start To Finish,.  My presentation will cover probate disputes and litigation, including: Elder Exploitation; Will and Trust Contests; Pretermitted Heir Claims; and Power of Attorney and Constructive Trust Claims I will be joined on the faculty by highly regarded colleagues in the probate […]

Upcoming Presentation for NH Paralegals

I am happy to report that I will be presenting at the Probate Process From Start To Finish, a full day seminar for paralegals on October 4, 2019.  My presentation will cover probate disputes and litigation, including: Elder Exploitation; Will and Trust Contests; Pretermitted Heir Claims; and Power of Attorney and Constructive Trust Claims I will […]

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 […]