In re J.P. July 31, 2020 NH Supreme Court Opinion

This Order is offered for educational purposes only. References to law and rules may not be current.  Counsel must evaluate whether the Order has utility in a given case.  I am always happy to discuss issues of law and practice with fellow counsel and can be reached via the information below. Ralph F. HolmesMcLane Middleton [...]

Contradictions in NH Law: Claims of Deceased Settlor’s Creditors (Links to New Sample Notices)

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 […]

NH Pretermitted Heir Appeal

Big thanks to Attorney Lisa Bellanti for calling to our attention the appeal she and Nadine Catalfimo have before the NH Supreme Court of the Probate Court’s Order in Estate of Marie G. Dow in which the Court held that a will’s choice of MA law requires that MA law governs a child’s pretermitted heir […]

Dow October 21, 2019 NH Probate Court Order

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 discuss general law and practice issues with counsel and can be reached via the information below. Ralph F. HolmesMcLane [...]

Gray December 9, 2019 NH Federal Court Order

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 [...]

Court Provides Important Guidance on Guardian’s Power to Remove Live Support

In In re Guardianship of L.N., the NH Supreme Court provided important guidance on the power of a guardian to terminate life support of a ward.  Recognizing that litigation is a “‘cumbersome mechanism’  for resolving end-of-life decisions,” the court held that “the general power to give or withhold consent to medical treatment under RSA 464-A:25, I(d) includes […]

L.N. February 19, 2020 NH Supreme Court Opinion

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 [...]