Can a fiduciary nominee be held liable for waste of estate or trust assets arising from his unreasonable delay in effectuating his own appointment? In a decision that received much attention when it was decided in 2005, the NH Probate Court (Cassavechia, J.) in In re Estate of Norman P. Bolduc, Jr., answered this question […]
This Order is offered for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the Order has utility in a given case. I am always happy to try to answer general questions of fellow counsel about law and practice and can be reached via the information […]
This order is offered for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the pleading has utility in a given case. (Note: Ralph Holmes is currently retired from McLane Middleton. For information on this or other probate litigation issues, please contact Alexandra Cote at email@example.com.) […]
Hodges v. Johnson – Can you still decant to remove beneficiaries in New Hampshire? The statute says yes but the court says not in this case
One of the more significant decisions from the New Hampshire Supreme Court as it relates to the area of Trusts and Estates was decided this year. On January 22, 2018, the Court denied the Defendant’s Motion for Reconsideration or Rehearing, thereby finalizing its decision in the case of Hodges v. Johnson.
With the highest duties in law and significant liability exposure, fiduciaries generally are entitled and, in the exercise of due care may be required, to engage counsel at trust expense for guidance as to the proper administration of their responsibilities. When the fiduciary’s conduct is contested, she may be able to defend the claims by […]
Congratulations to Roy McCandless on his big win for the trustee in Randall v. Mahan, a case in which Judge Gary R. Cassavechia acting as Judicial Referee carefully analyzes reliance on counsel as a defense to breach of fiduciary duty claims. The Order is important reading for counsel representing trustees or beneficiaries. Circuit Judge Michael L. Alfano adopted […]