Court Enforces Accelerated Trust Contest SOL

The MA and NH Trust Codes offer trustees important opportunities to reduce the statutes of limitations/repose (SOL) for actions to contest trust validity.  For a revocable trust that becomes irrevocable at death, the default limitations/repose period for contesting trust validity is one year in MA and three years in NH, both running from the settlor’s […]

Volpe November 3, 2020 NH Trust Docket Order

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 re J.P. July 31, 2020 NH Supreme Court Opinion

This Order is offered for educational purposes only. References to law and rules may not be current.  Counsel must evaluate whether the Order has utility in a given case.  I am always happy to discuss issues of law and practice with fellow counsel and can be reached via the information below. Ralph F. HolmesMcLane Middleton [...]

Difficult Times For Charities In the Days Ahead

Many museums, hospitals, private schools, colleges, summer camps, and other non-profits were already facing economic challenges before the pandemic and now confront even greater financial stress.  Some may not survive.  When a non-profit is no longer able to carry out its charitable mission, difficult legal issues can arise with regard to the disposition of its […]

Contradictions in NH Law: Claims of Deceased Settlor’s Creditors (Links to New Sample Notices)

In preparing our NH Deadlines Page, I was struck by the significant inconsistency between our probate statutes and Trust Code relative to the limitations periods for claims against a decedent and offer the following comments in anticipation that this conflict will be of concern to counsel and lead to litigation. Probate Scheme For Creditor Claims […]

ANNOUNCING NEW SERVICE!

We are delighted to announce our NH Estate & Trust Deadlines page, which counsel will want to bookmark.  The fear of missing deadlines is among the most anxiety provoking aspects of this job and this should be a big help in alleviating that stress.  We have culled NH statutes and Probate Rules to highlight the […]