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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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 […]
The following article was published in the Union Leader on November 7, 2021: Know the Law: Emails, Texts and iPhones: Preserving Devices, Communication in Probate Litigation Q: My mom passed away a few months ago, and my sister is challenging the estate plan. She is asking for my mom’s texts and emails. I tried to […]
The following article was published in the Union Leader on August 1, 2021: Know the Law: Getting Credit – Creditor Claim Process and Deadlines Q: Before my mom died, I took care of her. I spent about 10 hours per week providing caregiving services and coordinating medical visits and a schedule of visiting nurses. My […]
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 […]
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 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 […]
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. Download
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 […]
