In re Estate of Kathleen Mullin

The decedent, Kathleen Mullin, a resident of Hancock, New Hampshire, died intestate in 2014. Her heirs at law were her three siblings: Michael Mullin, J. Stanley Mullin, Jr., and appellant Patricia Jackle. All of the heirs at law were California residents, as was the appellee Laura Bushley, a trustee. From 2008 until her death, the decedent lived in Hancock and owned real property there. She also owned real property in California, where she had lived for many years prior to 2008. Although the decedent did not have a will, in 2012, while in California, she executed a trust document (Trust) that had been drafted by a California attorney. The Trust contained a choice of law provision, stating that the laws of California governed the validity, construction, and administration of the Trust, except that all matters relating to real property were governed by the laws of the situs of that real property. Appellant filed an Inventory of Fiduciary listing the decedent’s estate as consisting of approximately $2.5 million worth of real estate and personal property. In August, the appellee filed an objection to the Inventory, claiming that it listed property that was owned by the Trust. Appellee filed suit in California seeking to transfer title to the decedent’s property to the Trust. Appellant objected to the transfer, challenging the suit on multiple procedural and jurisdictional grounds. The circuit court denied appellant’s motion, ruling: (1) that the court was “unable to make a ruling on the requests of the [appellant] regarding the legal and equitable title to the property or to declare that the situs of the property . . . is New Hampshire without appropriate testimony and evidence”; (2) that jurisdiction over the Trust was “properly before” the California court, and that California law must apply except with respect to the New Hampshire real estate; and (3) that the California court was “a more convenient forum” to hear the matter because “[e]vidence and witnesses would more easily be available” there, the decedent “lived in California for many years and utilized services of a California attorney and California financial advisor,” the Trust “was drafted in California,” and the “trustee and all three heirs-at-law, including the [appellant], are residents of California.” This appeal followed. Finding no reversible error in the circuit court’s denial of appellant’s motion, the New Hampshire Supreme Court affirmed. View "In re Estate of Kathleen Mullin" on Justia Law