Robbins v. Johnson

I agree with the majority’s analysis and that the pretermitted heir statute does not apply here but believe we must address the plaintiffs’ arguments that the trust is not a valid trust. In both the probate court and this court the plaintiffs contend that the trust cannot be enforced against the decedent’s estate. Thus, the property of the invalid trust would pass through the estate where the pretermitted heir statute would apply. See In re Estate of Robbins, 145 N.H. 145, 148 (2000). The probate court rejected their arguments and I would affirm.

The plaintiffs first argue that the trust was…