The New Hampshire Supreme Court (the “Court”) recently upheld a Housing Authority Board (“HAB”) decision approving a variance request that had been denied by the Town of Derry’s Zoning Board of Adjustment (“ZBA”). In doing so, the Court reiterated the appropriate standards that both the ZBA and the HAB should apply in considering variance requests.
In late 2021, the owners … Read the rest
What is Probate?
Probate is the court-supervised legal process by which a decedent’s will is admitted (recognized) by the court and their assets are distributed to their beneficiaries. As with most court-involved processes, the probate process can be lengthy and confusing. Additionally, because probate records are available to the public, there isn’t any privacy in the process.
Unless an exception … Read the rest
Navigating the world of private road maintenance? We are pleased to introduce a six-part series on private road maintenance agreements beginning with our October newsletter. Your roadmap for the series includes:
October 2023 – Do you need a private road maintenance agreement?
November 2023 – What terms should your private road maintenance agreement include?
December 2023 – Should you form … Read the rest
The Landscaping Wall in the Buffer Zone: A Look at the Decision in Palanchian v. Mitchell
In a recent controversy that made its way to New Hampshire’s high court, the dispute revolved around an easement granted to Scott Mitchell (“Mitchell”) over Mark Palanchian’s (“Palanchian”) property in Gilford, New Hampshire.
The parties owned adjacent properties, and Mitchell’s … Read the rest
Reversed! New Hampshire Supreme Court Rules in Favor of Property Owner – Leaseholder Not Able to Provide Permission for Site Plan Review Application
The New Hampshire Supreme Court (the “Court”) recently weighed in on a dispute concerning a site plan review application submitted to the Town of Salem’s (the “Town”) Planning Board (the “Planning Board”). The matter on appeal involved … Read the rest
New Hampshire Supreme Court Reverses Superior Court – Finds Attorney’s Fees Recoverable for Post-Trial Proceedings in Landlord/Tenant Dispute
In a June 22, 2023, decision, the New Hampshire Supreme Court (the “Court”) reversed an order issued by a superior court denying certain attorney’s fees and costs to Plaintiff Alex Luis Morales (“Morales”) in an action brought against Defendant Zenandre Braccio (“Braccio”) … Read the rest
Well, the answer is: it depends on your goals and specific circumstances. Will-based estate plans and trust-based estate plans can accomplish the same goal, which is to distribute your assets upon your death. That being said, will-based plans do have limitations that trust-based plans do not. Trust-based plans have more duties at the onset than a will-based plan. So, you … Read the rest
We are pleased to announce alfanolawoffice.com is now alfanolaw.com. Aside from changing the name (and having fewer letters to type), we redesigned the entire site to improve your experience. Don’t worry – our articles and resources (such as our Road Law Guide) haven’t gone anywhere, and plenty of new content is in the queue. We hope you find the … Read the rest
In a June 22, 2023, Order, the New Hampshire Supreme Court (the “Court”) expanded upon its prior case law regarding the determination of when an agency action constitutes a final administrative disposition. This ruling can be viewed as a cementing of the Court’s attitude on the subject and sends a message to all those wishing to challenge an administrative action … Read the rest
Many people have preconceived notions about trusts and believe that they are only for multi-millionaires who wish to leave large trust funds to their children. However, this is far from the truth; trusts can be invaluable tools in the estate plans of millions of individuals.
Trusts are simply an arrangement where one party holds property on behalf of another party. … Read the rest
