Beneficiary Disinherited Under No Contest Clause For Filing Claim Dismissed Under Statute of Limitations

Illustrating NH’s strict enforcement of trust and will no-contest clauses, the Probate Court in Volpe v. Volpe ordered that a beneficiary’s filing of a claim that did not survive a motion to dismiss requires his disinheritance under the terms of the trust.  As discussed in a prior post, the trustee whom we represent provided beneficiaries […]

NH Supreme Court Holds Will’s Choice of Law Provision Does Not Control Pretermitted Heir Claim

Congratulations to Nadine Catalfimo and Lisa Bellanti for their win in In re Estate of Marie G. Dow in which the Court held that NH law governs a pretermitted heir claim, notwithstanding that the will recites that the estate is “to be administered and enforced according to the laws of the Commonwealth of Massachusetts.”  The decision […]

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 […]

“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 […]

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 […]