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 […]

Article on No-Contest Provisions

I recently published the following article in the Union Leader on the subject of no-contest clauses in estate plans: Know the Law: What No-Contest Provisions in an Estate Plan Mean for You Q: My mother’s estate planning documents contain something called “no-contest” provisions. What are these and how do they affect me? A: No-contest provisions, […]

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 […]

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 […]