Estate Planning, Probate and Trust Attorney Serving New Hampshire and Massachusetts
Nadine M. Catalfimo, Attorney at Law, provides legal representation in estate planning, probate and estate administration, trust administration, and assessing probate and trust litigation issues throughout New Hampshire.
With more than 30 years of experience in the legal profession, including 17 years as an attorney and 20 years as a paralegal, Attorney Catalfimo brings extensive legal knowledge, practical experience, and a thorough understanding of complex estate and trust matters to her practice.
Admitted to practice law in 2009, Attorney Catalfimo is licensed in both New Hampshire and Massachusetts. She represents individuals, families, executors, administrators, trustees, and other interested parties in a broad range of estate planning, probate, and trust matters.
Her practice combines decades of legal experience, published legal scholarship, and personalized representation tailored to each client's circumstances.
Estate Planning
Effective estate planning helps individuals and families protect their assets, provide for loved ones, and establish clear instructions for the management and distribution of their property.
Attorney Nadine M. Catalfimo assists individuals and families throughout New Hampshire and Massachusetts in developing comprehensive estate plans tailored to their financial circumstances, family relationships, and long-term objectives.
Estate planning services include:
- Last wills and testaments
- Revocable living trusts
- Complex trust arrangements
- Special needs trusts
- Qualified Subchapter S trusts
- Trusts for minor children and grandchildren
- Durable powers of attorney
- Health care directives and powers
- Estate tax planning considerations
- Planning for blended families
- Planning for incapacity
- Planning for business succession
A carefully prepared estate plan can help minimize unnecessary probate proceedings, address potential estate tax consequences, protect beneficiaries, and reduce uncertainty for surviving family members.
Attorney Catalfimo works closely with clients to develop estate planning strategies that reflect their individual needs while complying with applicable New Hampshire and Massachusetts laws.
Last Wills and Testaments:
Wills and Testamentary Trusts
A properly drafted last will and testament is an essential estate planning document that allows individuals to direct how their property will be distributed upon death. A will should designate an executor, nominate guardians for minor children, exercise any powers of appointment, and may pour over into a revocable trust, to manage assets for designated beneficiaries.
Attorney Nadine M. Catalfimo assists clients throughout New Hampshire and Massachusetts with the preparation of wills tailored to their individual circumstances, family relationships, and estate planning objectives.
Last Will and Testament services include:
- Preparation of last wills and testaments
- Appointment of executors and alternate executors
- Nomination of guardians for minor children
- Reviewing existing wills and making recommendations for updates
- Preparation of codicils
- Planning for minor beneficiaries
- Structured distributions to beneficiaries
- Planning for blended families and second marriages
- Preparing and incorporating in terrorem (no contest) provisions
- Planning to omit beneficiaries, heirs and family members
- Provisions in anticipation of will contests by beneficiaries
- Preparation of pour over wills when used with a revocable trust
Careful drafting helps ensure that estate planning documents accurately reflect the client's intentions, comply with applicable state laws, and reduce the potential for future disputes.
Revocable and Irrevocable Trusts
Trusts are valuable estate planning tools that can provide flexibility, continuity of asset management, privacy, legacy planning, and greater control over the distribution of property. Depending on their structure and purpose, trusts may also help minimize probate proceedings, address estate tax considerations, help with avoiding ancillary administrations, and provide long-term financial protection for beneficiaries.
Attorney Nadine M. Catalfimo assists individuals and families throughout New Hampshire and Massachusetts with the preparation of revocable living trusts, irrevocable trusts, and complex trust arrangements tailored to their estate planning objectives.
Trust planning services include:
- Revocable living trusts
- Irrevocable trusts
- Complex trust arrangements
- Trust planning for blended families
- Trusts for minor beneficiaries
- Special needs trusts
- Trust provisions addressing beneficiary creditors
- Incorporate trust provisions for limited liability interests, c corporations and Subchapter S corporations
- Successor trustee appointments
- Trust amendments and restatements
- Coordination of trust funding and asset transfers
- Review of existing trust agreements, realty trusts, nominee trusts and making recommendations for amending them or revoking them
- Revocation of trust agreements
Revocable living trusts allow individuals to maintain control over trust assets during their lifetime while establishing instructions for asset management during incapacity and distribution following death. When properly funded, these trusts can help avoid probate for assets held in the trust.
Irrevocable trusts may serve important estate planning purposes, including asset protection, estate tax planning, and providing for beneficiaries with specialized financial needs. The benefits and limitations depend on the trust terms, client goals and intent and applicable state and federal law.
Attorney Catalfimo carefully drafts trust provisions to reflect each client's intentions, address potential legal complications, and establish clear responsibilities for trustees and beneficiaries.
Probate and Estate Administration
Probate and estate administration involve the legal process of identifying, collecting, managing, and distributing a deceased person's assets in accordance applicable state law and the terms of a valid will, when one exists.
Attorney Nadine M. Catalfimo represents executors, administrators, personal representatives, beneficiaries, and other interested parties in probate and estate administration matters throughout New Hampshire.
Probate and estate administration services include:
- Filing probate petitions and related court documents
- Appointment of executors, administrators and Personal Representatives
- Identification, collection and valuation of assets
- Preparation of estate inventories and accountings
- Administration of testate and intestate estates
- Identification and resolution of estate creditor claims
- Guidance concerning fiduciary duties and responsibilities
- Distribution of estate assets to beneficiaries and heirs
- Resolution of disputes arising during estate administration and coordinating with a probate litigator when necessary
- Coordinating with a CPA when necessary
- Preparation of final accounting and closing of probate estates
Probate administration can involve complex legal issues, particularly when estates include substantial assets, real estate, creditor claims, or disagreements among beneficiaries.
Attorney Catalfimo assists executors and administrators in understanding their fiduciary obligations, meeting court deadlines, complying with all court procedures, and addressing uniques legal issues that arise throughout the administration process.
Her extensive experience in probate and estate matters provides clients with knowledgeable guidance during what can be an overwhelming, difficult and emotionally challenging time.
Trust Administration
Trust administration involves the management, preservation, and distribution of trust assets in accordance with the terms of the trust agreement and state law. Trustees have significant fiduciary responsibilities and must act in accordance with their legal obligations to trust beneficiaries.
Attorney Nadine M. Catalfimo provides legal representation to trustees, successor Trustees, beneficiaries and other interested parties in trust administration matters throughout New Hampshire and Essex County, Massachusetts, including the Merrimack Valley.
Trust Administration services include:
- Interpretation of trust agreements and provisions
- Guidance concerning trustee duties and fiduciary responsibilities
- Administration of revocable and irrevocable trusts
- Successor trustee appointments and transitions
- Identification and management of trust assets
- Preparation and review of trust accountings
- Preparation of trust notices to beneficiaries
- Trust distributions to beneficiaries
- Beneficiary rights and trustee obligations
- Trust modifications and restatements
- Resolution of disputes and interpretation of trust terms
- Advising trustees and beneficiaries
- Guidance concerning trustee liability and breach of fiduciary duty
- Carefully handling beneficiaries omitted and navigating no contest provisions
- Review and analysis of existing trust agreements for drafting defects
Trust administration can present complex legal challenges, particularly when trusts contain substantial assets, multiple beneficiaries, complicated distribution provisions, or disagreements concerning the interpretation of trust documents.
Attorney Catalfimo assists trustees in understanding and fulfilling their fiduciary responsibilities while keeping in mind the rights and interests of beneficiaries under applicable New Hampshire and Massachusetts trust laws.
Her extensive experience in estate and trust matters enables her to provide practical legal guidance throughout the trust administration process.
Powers of Attorney and Health Care Directives
Planning for incapacity is an essential component of comprehensive estate planning. Powers of attorney and health care directives allow individuals to avoid guardianships in most scenarios and to designate trusted persons to make important financial, legal and medical decisions when they are unable to act independently.
Attorney Nadine M. Catalfimo assists individuals and families throughout New Hampshire and Massachusetts with the preparation of durable powers of attorney, health care directives, and related incapacity planning documents tailored to their individual circumstances.
Incapacity planning services include:
- Durable financial powers of attorney
- Health care powers of attorney
- Advance health care directives
- Living Wills
- Appointment of trusted financial decision-makers
- Designation of health care agents
- Planning for temporary or permanent incapacity
- Review and updating of existing documents
- Coordination of incapacity planning with wills and trusts
A durable power of attorney allows an individual to authorize a trusted person to manage financial and legal matters, subject to the terms of the document and state law.
Health care directives allow individuals to communicate their medical treatment preferences and designate persons authorized to make health care and end of life decisions when they cannot make those decisions themselves.
Properly preparing incapacity planning documents can help families avoid unnecessary uncertainty, reduce the potential need for court appointed guardianship or conservatorship, and ensure that important decisions are made by individuals selected in advance.
Attorney Catalfimo works closely with clients to prepare documents that reflect their wishes while complying with applicable New Hampshire and Massachusetts law.
Interstate Estate Planning for New Hampshire and Massachusetts
Estate planning for individuals and families with connections to both New Hampshire and Massachusetts can involve complex legal considerations, particularly when clients own property in both states, maintain multiple residences, or relocate between jurisdictions.
Attorney Nadine M. Catalfimo is licensed to practice law in both New Hampshire and Massachusetts and assists clients with estate planning matters invovling the laws of both states.
Interstate estate planning services include:
- Estate planning for New Hampshire residents who own property in Massachusetts
- Estate planning for Massachusetts residents who own property in New Hampshire
- Reviewing estate plans following a change in domicile
- Coordinating wills and trusts invovling assets located in both states
- Planning for individuals who maintain residences in New Hampshire and Massachusetts
- Addressing potential ancillary probate proceedings involving out of state real estate
- Reviewing powers of attorney and health care directives for clients relocating between states
- Evaluating Massachusetts estate tax considerations
- Coordinating beneficiary designations and asset ownership across state lines
- Reviewing existing estate planning documents for compliance with applicable state laws
- Reviewing and revising old Realty and Nominee trusts
New Hampshire and Massachusetts have different estate planning, probate, and tax laws. Massachusetts imposes a state estate tax on certain taxable estates, while New Hampshire does not impose a state estate or inheritance tax.
Individuals relocating between these states may need to review their existing estate planning documents to determine whether changes are appropriate. Issues involving domicile, property ownership, fiduciary appointments, and state estate tax exposure may require particular attention
Ownership of real estate in more than one state can also create additional probate considerations. Depending on how property is titled and the estate plan is structured, ancillary probate proceedings may be necessary in another jurisdiction.
Attorney Catalfimo assists her clients with identifying these issues and developing coordinated estate plans designed to reflect their intentions while addressing applicable New Hampshire and Massachusetts legal requirements.
New Hampshire Probate Administration for Litigation Purposes
Attorney Nadine M. Catalfimo represents law firms, attorneys, and their clients in New Hampshire probate matters initiated specifically to facilitate litigation involving a deceased individual.
When a potential plaintiff or defendant is deceased, it may be necessary to open a probate estate and obtain the appointment of an executor or administrator who has legal authority to pursue, defend or otherwise participate in litigation on behalf of a decedent's estate.
Attorney Catalfimo works with litigation counsel to address the probate requirements necessary to establish appropriate estate representation, allowing litigation attorneys to concentrate on the underlying claims.
Probate services supporting litigation include:
- Opening New Hampshire probate estates for litigation purposes
- Preparing and filing petitions for the appointment of an executor or administrator
- Updating the court with status reports while sealing pleadings due to confidentiality agreements of the lawsuit
- Obtaining the requisite court approval of any settlements from the probate court
- Assisting with estate representation involving deceased plaintiffs or defendants
- Coordinating with personal injury and wrongful death attorneys
- Assisting litigation counsel when a decedent's estate must be established to pursue or defend legal claims
- Addressing probate procedural requirements related to pending or anticipated litigation
- Coordinating with litigation counsel concerning estate administration matters arising during litigation
Probate proceedings initiated for litigation purposes require careful attention to fiduciary authority, procedural requirements, and applicable deadlines. The appointment of an appropriate estate representative may be essential to determining who has legal authority to act on behalf of a deceased person's estate.
Attorney Catalfimo provides probate representation to attorneys, law firms, and their clients throughout New Hampshire, helping litigation counsel address estate administration requirements associated with claims involving deceased individuals.
Complex Estate and Trust Matters
Attorney Nadine M. Catalfimo brings more than 30 years of experience in the legal profession to complex estate planning, probate administration, trust interpretation, and fiduciary matters.
Her extensive legal background includes published scholarship examining significant developments in New Hampshire estate and trust law, as well as representation in matters involving complex statutory interpretation and inheritance rights.
Attorney Catalfimo has authored numerous legal articles addressing estate creditor claims, trust amendments, no contest provisions, and New Hampshire Supreme Court decisions.
Her legal research, writing, and practical experience contribute to her approach to addressing complex estate and trust matters.
Read Attorney Catalfimo's Published Legal Articles.
Probate Litigation Case Evaluation and Legal Research for New Hampshire Attorneys
Attorney Nadine M. Catalfimo provides legal research, document analysis, and case evaluation services to attorneys and law firms handling contested probate, estate, and trust matters in New Hampshire.
Drawing upon more than 30 years of experience in the legal profession, including 17 years as an attorney and 20 years as a paralegal, Attorney Catalfimo assists litigation counsel in evaluating the legal merits of potential and pending probate litigation claims.
Her services include reviewing wills, trusts, amendments, and related estate planning documents to identify potential drafting defects, statutory deficiencies, ambiguities, and other legal issues that may affect the validity, interpretation, or enforceability of those documents under New Hampshire law and the New Hampshire Trust Code.
Probate litigation research and case evaluation services include:
- Review wills, trusts, and trust amendments for potential defects
- Evaluate the validity and enforceability of estate planning documents under New Hampshire law
- Identify potential statutory deficiencies and drafting ambiguities
- Research New Hampshire probate statutes, the New Hampshire Trust Code, trust laws and relevant judicial decisions and case law
- Evaluate the legal strengths and weaknesses of potential probate litigation claims
- Analyze legal arguments supporting or opposing will and trust contests
- Evaluate claims involving pretermitted heirs, creditors and beneficiary rights
- Analyze fiduciary duties and potential breaches of fiduciary obligations
- Provide legal research supporting or opposing contested estate and trust claims
- Assist litigation counsel in identifying potential legal defenses
- Prepare legal research memoranda and analyses for litigation counsel
Attorney Catalfimo provides objective legal analysis designed to assist probate litigators in assessing the strengths, weaknesses, and potential legal challenges associated with contested estate and trust matters.
Legal Research and Treatise Experience:
Her published legal scholarship includes analysis of New Hampshire Supreme Court decisions, estate creditor claims, trust amendments, and statutory provisions affecting estate and trust litigation. View her Publications & Legal Writings.
Her experience also includes representation in In re Estate of Marie G. Dow, a New Hampshire Supreme Court case involving pretermitted heirs and the enforceability of choice-of-law provisions.
In addition to her published legal articles, Attorney Nadine M. Catalfimo contributed to updating Volumes 10 and 11 of the New Hampshire Practice, a legal treatise, working with a co-author, Charles A. DeGrandpre. Although she was not formally credited as an author, her work involved contributing to the updating of these legal reference materials.
This experience, together with her published legal articles and extensive background in legal research, contributes to her ability to analyze complex questions of New Hampshire probate and trust law. For more information regarding Attorney Catalfimo's background and experience visit the About page.
Attorney Catalfimo is committed to giving each client outstanding service. She is attentive and responds to clients questions promptly. She focuses her practice specifically in estate and trust law. She tailors her legal services to each client's objectives and responsibilities and guides them through the necessary processes.
Contact Nadine M. Catalfimo Attorney at Law
For assistance with estate planning, probate administration, trust administration, or specialized probate services for litigation counsel, contact our firm to discuss your legal needs.