In re Estate of Rubert

The defendant, Kennedy F. Rubert, III, appeals the decision of the Merrimack County Probate Court (Cushing, J.) awarding half of the decedent’s New Hampshire estate to the plaintiff, Isabella F. Rubert Tosco, pursuant to the New Hampshire pretermitted heir statute. RSA 551:10 (1974). The defendant contends that the probate court’s determination of domicile and application of New Hampshire’s pretermitted heir statute was error. We reverse the finding that the decedent was domiciled in New Hampshire and affirm the application of the pretermitted heir statute to the New Hampshire real property.

Th…