Probate Litigation

Quality Legal Representation in Probate Litigation Matters

Devine Millimet has assembled a team of probate litigation lawyers with broad experience before the probate and superior courts--a team that is able to effectively and compassionately protect our clients' interests. Disputes arising out of a Will or a Trust, or resulting from the improper management of a loved one's funds, or other matters involving disputes between family members, are difficult on several levels- financially and emotionally. Our team understands that successful resolution of these disputes requires more than just knowing our way around the courthouse. When legal problems arise between family members, friends or trusted advisors, we provide clients with insight and sensitivity to their unique interpersonal dynamics, while at the same time provide the determined advocacy necessary to bring these matters to successful resolution.

In New Hampshire, Massachusetts and nationwide, we are seeing the aging of our "baby boomer" population, including some of the wealthiest individuals of recent generations. Unfortunately, the financial exploitation of this demographic group, and disputes regarding the transfer of wealth via Wills and Trusts, is also on the rise. We can help you should these disputes arise.

We tirelessly seek creative answers to our clients' legal problems, through alternative dispute resolution methods such as mediation, and through other methods tailored to the specific circumstances of the case. Our team includes not only seasoned litigators, but also estate planning lawyers, who have the specific expertise to work through the many issues that arise in probate litigation matters. Our multi-disciplinary approach allows us to effectively address wealth transfer problems, whether in or out of the probate courts, and regardless of whether that wealth takes the form of securities, real estate, business holdings or other assets.

Our clients include individuals, executors, trustees, families, financial institutions and charitable organizations. We have successfully initiated and defended "will contest" claims, fiduciary accounting actions, claims involving the financial exploitation of the elderly, guardianship petitions, disputes among Will or Trust beneficiaries and related wealth transfer matters.

For more information about the Devine Millimet Probate Litigation Practice Group, please see our "Representative Matters", ask to receive our complimentary monthly newsletter, or contact David Eby, Chair, at (603) 669-1000.

Representative Matters

Matters Involving Wills and Estates

Representation of corporate fiduciary in action by beneficiary of a $20,000,000 estate challenging various aspects of the estate administration.
Challenges to wills ("will contest" claims) on grounds of lack of mental capacity and undue influence.
Representation of family members in an action alleging that an executor had unduly influenced the decedent to bequeath his entire multi-million-dollar estate to his attorney.
Representation of individuals in connection with the application of New Hampshire intestacy law.
Representation of heirs in action against attorney for alleged conflict of interest in failing to advise spouse to retain separate counsel.
Representation of beneficiary challenging executor's inventory and alleging that assets had been misappropriated from the estate.
Representation of wife attesting an "oral will."

Matters Involving Trusts

Representation of fiduciaries of the trust of a deceased United States Senator in connection with various issues raised by beneficiaries.
Representation of trustees in connection with successful petition to convert the trust to a unitrust.
Representation of trustees and beneficiaries of charitable trusts in connection with efforts to reform or terminate the trusts.
Representation of clients in disputes among siblings involving numerous real estate assets, trusts and corporate entities which had been bequeathed to them by their father.
Representation of trust beneficiaries seeking distribution under the terms of the trust, and trust termination.
Representation of the trustee of a defectively drafted trust instrument in a challenge by stepchildren to the first wife's right to distributions under the trust.

Guardianship Matters

Representation of family members seeking to be appointed guardian over the person and estate of disabled or incompetent parents.
Representation of family members seeking appointment of guardian of minor.

Powers of Attorney

Representation of beneficiary against agent who misappropriated assets by use of power of attorney, resulting in damages award in excess of half a million dollars plus attorneys' fees.
Representation of husband whose exercise of a power of attorney granted by his wife was challenged by his stepson.
Prosecution and defense of various claims involving the exercise of powers of attorney.

Miscellaneous Matters

The lawyers of the Devine Millimet Probate Litigation Group have a broad range of experience resolving many types of wealth management and wealth transfer disputes, including disputes among family members and business partners, and also including disputes arising out of health and retirement plans (ERISA matters), financial planning and financial advice.