Post-Death Claims To Declare Assets As Trust Property
All too often, a client signs a trust, but fails (perhaps despite reminding) to re-title accounts and other assets in...
Comments & Insights
Tarnawa: Superior Court Has Concurrent Jurisdiction To Partition Inherited Real Estate (Link to Opinion)
In Tarnawa v. Goode, the NH Supreme Court (Hicks, J.) affirmed that the Superior Court has concurrent jurisdiction with the...
NH Federal District Court Recognizes Intentional Interference With Inheritance Claim (Link to Order)
In apparent conflict with an order by the NH Trust Docket in Swenson v. Christo previously discussed by Andrea Schweitzer,...
US Supreme Court Issues Long Awaited Trust Tax Decision
In N.C. Dep’t of Revenue v. The Kimberly Rice Kaestner 1992 Family Trust 588 U.S. __________ (2019) , a decision...
NH Supreme Court Decides Important Charitable Trust Standing Issue (Link to Opinion)
In In re Trust of Mary Baker Eddy, the NH Supreme Court (Donovan, J.) decided an important issue of first...
Santilli “Slayer Rule” Case Dismissed On Jurisdictional Grounds (Link to NH Trust Docket Order)
In a careful and thorough consideration of the evidence, the NH Trust Docket ruled that NH does not have jurisdiction...
NH Supreme Court Allows Action for Consequential Damages for Breach of Covenant Not To Sue (Link to Opinion)
In settling an estate/trust dispute, parties generally want their settlement agreement to, not only resolve the issues in contention, but...
Santilli v. Carman: A Double “Slayer Rule” Case
While much has been written in the press about the sensational allegations in Santilli v. Carman, nothing has been written...
Entertaining Podcast About An All-Too-Familiar Situation
When settling a parent's estate, the divvying up of the the tangible items often bedevils family members with children arguing...
Rogers v. Rogers: Not All “Probate” Litigation May Be Brought In Probate Court (Link to NH Supreme Court Opinion)
Forum selection is an important decision in fiduciary litigation. For New Hampshire cases, we prefer the Probate Court over the...
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