If an individual who owes you money and passes away the fact that there is no probate estate opened could be because he held his assets in a revocable trust which is a standard estate-planning tool to avoid probate, but does not impede creditors. A revocable trust is revocable throughout his life time and became irrevocable upon his death and…
The defense I was “only following orders” is sometimes referred to as the Nuremberg defense. Generally, employees are liable for their own wrongful acts irrespective of whether or not they were doing so at the bequest of their boss. For example, in New Hampshire a manager acting on behalf of his corporate employer in firing an employee that legitimately complained…
Insurance companies generally provide lower premiums for an owner occupied house than a vacant house or a rented house. When it is owner occupied the insurance company envisions more care, whether it be checking on the boiler, preventing a fire, or clearing off the front steps to avoid a visitor’s slip and fall. Insurance companies require in applications that the…
New Hampshire only has one appellate court, the New Hampshire Supreme Court. The New Hampshire Supreme Court (“Supreme Court”) hears appeals from all the state’s lower court (Superior and District, Probate, and Family Divisions. If also hears appeals from administrative agencies such as: Department of Labor and the Board of Tax and Land Appeals). Absent certain exceptions, the New Hampshire…
Claims against New Hampshire decedents are to be noticed upon the personal representative of an estate within six months and if the claim is not approved then the claim is to be brought against the estate within one year. The idea is that you can’t sue the decedent and it is appropriate to deal with the personal representative appointed by…
The New Hampshire Supreme Court (“Supreme Court”) grants all litigants the right to seek an appeal from a decision issued by a trial court or administrative agency. The majority of the appeals are called mandatory appeals. A mandatory appeal is an appeal that the Supreme Court must accept and issue an order after reviewing the arguments raised by the appealing…
Under New Hampshire law, commissions are part of the wages due a former employee. The New Hampshire Supreme Court in the case of Bryan K. Galloway v. Chicago-Soft, Ltd. has stated that a person employed on a commission basis to solicit sales orders is entitled to her commission when the order is accepted by her employer. Her entitlement to the…
Proving you are right does not put food on the table. For employees who have been wronged by their employer, their supervisors, or co-workers, it may benefit them to speak with employment counsel as to a strategic plan to achieve both their personal short-term and long-term goals. Employment situations, such as in the well-publicized Fred Fuller case, where there is egregious…
If you own real estate and want it to get into the hands of your loved one upon your death, there are a variety of ways to accomplish that goal. Many people will simply transfer by deed the property what is called joint tenants with rights of survivorship. Under New Hampshire law, any property transferred that way means the property half…
If you want your son or daughter to assist you with your payment of bills and reconciling your checking account or you wish a specific bank account to go to one of your sons or daughters upon your death without it going through a Will, you should speak with your estate-planning attorney and the customer service representative of that bank.…