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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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 […]
In the Matter of Merrill and Merrill, the NH Supreme Court (Marconi, J.) held that the inclusion by the Family Court of assets in a spendthrift trust benefiting the husband as part of the marital estate of the divorcing parties was plain error. While the decision does not establish new law, it underscores the importance […]
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. I am always happy to try to answer general questions of fellow counsel about law and practice and can be reached via the information […]
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 […]
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 […]
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 […]
This order is offered as a sample 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 […]
In a case briefed and argued by Alexandra Cote of our office, the NH Supreme Court confirmed the jurisdiction of the Probate Court over real estate titled in the name of a decedent at the time of death, even though the law provides that title passes to heirs or legatees upon death by operation of […]
This Order is offered as a sample 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 […]
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 […]
