When Brotherly Love Goes Wrong: Defending Against Constructive Trust Claims

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SKU: REL950
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New Hampshire MCLE
Accreditation Info

New Hampshire attorneys must self-determine whether a program is eligible for credit and self-report their attendance. The United Institute for Continuing Legal Education believes that its courses meet the requirements of NH Supreme Court Rule 53 and qualify towards the annual NHMCLE requirement. To view our full accreditation details please .

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About This Course

The first thing we learned in law school is that if you don't have a written contract for real estate, you cannot seek to enforce an agreement concerning that real estate. No contract, no sale. But there is an exception to the rule: a constructive trust.

Unfortunately, constructive trust cases are often filed by family members with an axe to grind against other family members. An angry brother or sister can tie up your client's real property for years, based on nothing but a few conclusory pleadings.

Although some plaintiffs simply file constructive trust cases, they may not really understand what is necessary to get relief. Therefore a good defense litigator who knows the right questions to ask during depositions can often get the plaintiff to admit something seemingly innocuous, but will actually be the death knell for the plaintiff's case.

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