Articles & Updates 03/26/2018

Burden of Proof in Will Contest Cases

We are all familiar with the phrase: “Innocent until proven guilty.” This phrase is often used to describe the basic tenet of criminal law that it is the state accusing an individual of a criminal act that has the burden...
Articles & Updates 09/11/2017

Evidence to Support Undue Influence

The finding of undue influence is heavily dependent on the facts of any given case.  In order to prove undue influence, the challenger must find and marshal the evidence that will convince the judge that the executor had...
Articles & Updates 09/11/2017

Undue Influence

Challenges to estate planning documents or other legal documents such as deeds or contracts are often based on the theory of “undue influence.”  This concept is perhaps widely misunderstood.  For example, there is...
Articles & Updates 09/04/2017

Partition Actions in New Hampshire

It is not uncommon for an unmarried couple to reside together in a residence, but where the title on the deed is in only one name.  Because the couple is not married, the domestic relations laws in this state cannot be used...
Articles & Updates 08/28/2017

Settlement and Mediation

Litigators, including probate litigators, litigate cases.  That’s what we do.  However, any good litigator will ensure that settlement discussions and mediation are part of any litigation strategy.  Litigation is time...