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 […]
In order to preserve the right to bring a creditor claim against a NH estate, a creditor must serve on the administrator a demand for payment within six months of the administrator’s appointment. As I have previously discussed, the procedural requirements governing creditor claims are strict and even actual knowledge of the claim by the […]
We are always on the lookout for exemplary Probate Court pleadings for the Pleadings Bank and we thank Christopher Cole and Nicole Faille for allowing us to post this impressive pleading they filed requesting the court to extend the statute of limitations for assertion of a creditor claim against a probate estate. The deadlines for […]
Demand Exhibition Deadline Applies To Estate Creditor With Contingent Claim (Link to NH Trust Docket Order)
In Christo v. Silk, the NH Trust Docket confirmed that a potential creditor who might in the future have a claim against a probate estate must, like a creditor holding a fully actionable claim, exhibit a demand on the administrator within the first six months of administration under RSA 556:2-3. Linda Christo was a principal beneficiary of the estate plan […]
CREDITOR CLAIMS (NH LAW) © Ralph F. Holmes, Esq. firstname.lastname@example.org Office: (603) 628-1409 Cell: (857) 278-0019 Updated January 2016 Creditor’s Deadlines Within six months of the grant of administration, creditor must present a demand to the Administrator by registered mail setting forth “the nature and amount of the claim and a demand for payment.” RSA […]
A case recently heard by the Norfolk County, Massachusetts Superior Court serves as a reminder of the importance of paying attention to statutes of limitation and requirements for service of process, especially in cases involving estates. Under Massachusetts law, a personal representative does not need to acknowledge any claim by a creditor of the decedent […]
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).