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 […]
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 […]
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 […]
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 […]
In Swenson v. Silk et al. in a thoughtful, scholarly order, Judge David King declined to recognize intentional interference with inheritance as a claim in New Hampshire. The Swenson petitioners as trustees and beneficiaries of a trust claim that a deceased predecessor trustee breached his fiduciary duties by making impermissible trust distributions to himself and that these distributions were […]
In our cases, demands and actions for accountings by attorneys-in-fact under powers of attorney are a common feature. We have updated the Pleadings Bank to include a draft POA accounting and litigation hold demand which you can access at this link.