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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Congratulations! to Roy McCandless for his big win in Stompor v. Stompor (2016) and thanks to Roy for sharing a copy of the decision. (Please forward yours!) Weighing in at 60 pages, Stompor is the latest installment of impressive scholarship by Judge Cassavechia and once again highlights the need for publication of important NH Probate Court decisions. The […]
The NH Supreme Court’s decision in Estate of Bourassa (2009) is quite the muddle. I can’t reconcile it with governing law. Here’s my recommendation as to how it should be construed to fix the discrepancies at: Bar News Article. (sorry, have to hit the Continue Reading button for hotlink to work). (Note: Ralph Holmes is currently retired from McLane Middleton. For information […]
In Ambeliotis v. Brown, 33 Mass.L.Rptr. No. 7 138 (January 25, 2016), the Court ruled that the plaintiff trust beneficiary must pursue her breach of fiduciary duty claims against the trustees in arbitration, even though she was not a signatory of and claimed not to have been informed about or consented to the agreement providing […]
A creditor’s receipt of partial payments of a debt of the decedent before expiration of the twelve month deadline to file suit under RSA 556:5 may not be sufficient to bind the administrator to pay the claim. In Skrizowski v. Chandler, 133 N.H. 502 (1990), it appears that the administrators set up the creditor for […]
In In re Estate of Mills, 167 N.H. 125 (2014), the Court clarified that a mortgagee has no duty under RSA chapter 556 to exhibit a demand within six months or to file suit within one year of the grant of administration in order to foreclose. The Court did not address whether the creditor must […]
In the wrong hands, a power of attorney is a license to steal. It is usually released to a child when dad or mom is impaired and unable to manage his or her affairs. The POA typically grants carte blanche control of the parent’s finances and is a ripe invitation for abuse. Indeed, almost every […]
Under Tulsa Professional Collection Services v. Pope, 108 S. Ct. 1340 (1988), known and reasonably ascertainable creditors are entitled to actual notice of the opening of the estate and the deadlines for filing claims. Here is a simple sample: [case caption] NOTICE [Date] TO: [Creditor] FROM: […]
