In Re Estate Of Dow

260 A.3d 1 (2021)

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Nature of the Case

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Facts

Marie G. Dow executed her last will and testament on June 30, 2014. At that time, she was living in Massachusetts. She passed away on November 20, 2018, having moved to an assisted living facility in New Hampshire approximately a year earlier. Just prior to her death, she sold her real property in Massachusetts, and there is no dispute that her estate consists of only personal property. She is survived by her son Christopher Dow and ex-daughter-in-law Leslie Dow (D), Marie G. Dow is survived by another son and her granddaughter. The residue was left to D. If she failed to survive it was left to “my granddaughter.” There was a clause that stated: I have intentionally omitted to mention, or to devise or bequeath or give anything of which I may die seized and possessed, or to which I may be in any way entitled at the time of my decease, to any person or persons other than those mentioned in this my last Will and Testament. The estate was to be administered and enforced according to the laws of the Commonwealth of Massachusetts. After the testator's death, her attorney filed her will in Massachusetts. The attorney was told that the will would be rejected because the death certificate indicated that the deceased died as a resident of New Hampshire. P filed a petition for estate administration in New Hampshire. The probate division found that the testator was domiciled in New Hampshire at the time of her death and that the “petition for estate administration was first filed in New Hampshire.” The probate division found that it had jurisdiction to probate her estate. The probate division granted P's petition for estate administration on August 27, 2019. P filed a motion to determine that he is a pretermitted heir under his mother's will. The probate division found that the testator's will “fails to specifically name P, in any way.” It determined that due to, inter alia, the language of Articles Eighth and Ninth of the will, Massachusetts' pretermitted heir statute should apply to the will and that under Massachusetts law, P is not a pretermitted heir. P filed a motion for reconsideration. The probate division denied the motion. P appealed.