In Re the Estate of Marie G. Dow
Jan 20, 2021OUTCOME: Remanded back to NH Circuit Court and overturned lower court decision
In re Estate of Marie G. Dow, 174 N.H. 37, 260 A.3d 1 (NH 2021), New Hampshire Supreme Court | Docket No. 2019-0752 Nadine M. Catalfimo represented the petitioner in In re Estate of Marie G. Dow, a Ne ... w Hampshire Supreme Court case involving the application of New Hampshire’s pretermitted heir statute to a will that contained a Massachusetts choice of law provision. The decedent had executed her will while living in Massachusetts and subsequently moved to New Hampshire, where she was domiciled at the time of her death. Her will provided that her estate was to be administered and enforced according to Massachusetts law. After her death, her son, Christopher Dow, sought recognition as a pretermitted heir under New Hampshire law. The New Hampshire Supreme Court reversed the probate court's decision to apply Massachusetts law. The New Hampshire Supreme court held that because the decedent was domiciled in New Hampshire at the time of her death, and her will disposed of only personal property, New Hampshire’s pretermitted heir statute, NH RSA 551: 10, applied. The court further held that the petitioner was a pretermitted heir under New Hampshire law and was entitled to his intestate share of the estate and the matter was remanded for further proceedings. https://law.justia.com/cases/new-hampshire/supreme-court/2021/2019-0752.html Nadine M. Catalfimo was listed as counsel for the petitioner in the New Hampshire Supreme court's published opinion. Attorney Lisa J. Bellanti argued the matter orally before the court. https://www.courts.nh.gov/documents/2019-0752-re-estate-marie-g-dow Why the case matters: The decision provides guidance concerning the interaction between a Will's choice of law provision and New Hampshire statutory protections for pretermitted heirs when a testator changes domicile before death. It also illustrates the importance of reviewing and potentially updating estate planning documents when a person changes their domicile from one state to another.
