NH Supreme Court Holds Will’s Choice of Law Provision Does Not Control Pretermitted Heir Claim

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 […]

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 [...]

Craig Case Update

In a prior post, I discussed that a decision by the NH Supreme Court in In re Teresa Craig Living Trust finding that the NH pretermitted heir statute applies to trusts would upheave NH trust law.  Given that the case turns on the interpretation of section 1-112 of the NH Trust Code, which is drawn from the […]

Will NH Supreme Court Upheave NH Trust Law?

Rarely, has the NH Supreme Court had a case with the potential to disrupt trust law and practice as In re Teresa Craig Living Trust recently transferred as an interlocutory appeal without ruling by Judge King of the NH Trust Docket. Craig presents the issue of whether the pretermitted heir statute, RSA 551:10, applies to trusts.  The claimants (grandchildren […]

Craig Interlocutory Transfer Order

Counsel must evaluate whether this 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 below. Ralph F. Holmes McLane Middleton ralph.holmes@mclane.com (603) 628-1409 (office) (857) 278-0019 (cell) Download OrderDownload