I am an experienced probate litigator and chair Devine Millimet’s Probate Litigation Practice Team. The bulk of my practice involves working with clients to resolve estate and trust disputes. I represent individuals as well as institutional trustees and charitable organizations in will and trust challenges, guardianships, conservatorships, actions involving powers of attorney, and other disputes related to the transfer of wealth. We handle these cases with great sensitivity and expertise. I routinely represent clients in the largest and most complex probate matters in New Hampshire and have earned the reputation as a top probate litigator in the state.
I am readily familiar with our Probate Division and its judges, and I litigate many of my cases in New Hampshire’s Trust Docket, a special court within the Probate Division reserved for the more complex probate matters. And although I am well equipped to take my cases to trial and on appeal to the New Hampshire Supreme Court, I am a firm believer that litigants should consider mediation and other methods of dispute resolution to bring matters to conclusion.
I also represent individuals in divorce and related family matters, where I work with clients on issues related to the division of marital estate assets, alimony, child support and parenting time.
I strongly believe in the importance of active participation in the local community. I currently serve as Chair of the Palace Theatres Board of Trustees. For years I served as board member and Chair of the Board for Court Appointed Special Advocates of New Hampshire (CASA), a non-profit group that recruits and trains guardians ad litem to represent the interests of abused and neglected children of our state. I am a former director of the New Hampshire Bar Foundation, the charitable arm of the Bar Association, and I am proud to be an elected Bar Foundation Fellow, a designation given to New Hampshire attorneys whose professional accomplishments and commitment to service represents the best of the legal profession. I am involved with my church, and in my free time you’ll find me biking, skiing, and hiking with family and friends.
Representative Matters
- Routinely represent individuals in challenges to wills and trusts, and in the defense of wills and trusts, including some of the largest probate litigation matters in the state, including the highly publicized Webber Estate Litigation and the Tamposi Trust case. Most of my cases involve claims of undue influence and/or lack of testamentary capacity.
- Routinely represent challenges to trustees in breach of fiduciary duty claims. Defend trustees in such actions.
- Represent individuals in accounting actions (Power of Attorney claims).
- Represent individuals in actions to assert spousal claim.
- Represent land owners regarding various easement rights and covenant issues before the New Hampshire Superior, Probate and Supreme Courts.
- Represent clients in real estate partition actions, often brought before the Probate Division.
- Represent individuals in divorce and post-divorce matters, addressing parenting responsibility, division of assets, and child support issues.
Publications
- “Antemortem Statutes and No-Contest Provisions: New Hampshire’s Antemortem Probate Statutes,” New Hampshire Bar News, March 18, 2020
- “Common Law Marriage – How It Works,” Wills & Trusts Blog, December 20, 2019
- “How to Establish a Guardianship,” Wills & Trusts Blog, December 6, 2019
- “Trustee Removal,” Wills & Trusts Blog, November 22, 2019
- “Reliance on Advice of Counsel – A Complete Defense,” Wills & Trusts Blog, November 8, 2019
- “Undue Influence – A Successful Defense,” Wills & Trusts Blog, October 25, 2019
- “Successful Partition Case,” Wills & Trusts Blog, October 11, 2019
- “Safe Harbor Actions” in Will Contest Cases,” Wills & Trusts Blog, May 21, 2018
- “Expert Testimony & Testamentary Capacity,” Wills & Trusts Blog, April 23, 2018
- “Burden of Proof in Will Contest Cases,” Wills & Trusts Blog, March 26, 2018
- “Undue Influence,” Wills & Trusts Blog, September 11, 2017
- “Evidence to Support Undue Influence,” Wills & Trusts Blog, September, 11 2017
- “Partition Actions in New Hampshire,” Wills & Trusts Blog, September 4, 2017
- “Settlement and Mediation,” Wills & Trusts Blog, August 28, 2017
- “Attorneys’ Fees in Guardianship Cases?” Wills & Trusts Blog, August 21, 2017
- “Conservatorships,” Wills & Trusts Blog, May 23, 2017
- “Petitions for Accounting,” Wills & Trusts Blog, May 16, 2017
- “Power of Attorney Document– A License to Steal,” Wills & Trusts Blog, May 9, 2017
- “The New Hampshire Trust Docket,” Wills & Trusts Blog, May 2, 2017
- “What is “Probate Litigation”?” Wills & Trusts Blog, April 25, 2017
- “Our Probate Litigation Team,” Wills & Trusts Blog, April 18, 2017
- “Quantum of Proof in Undue Influence Cases,” NH Bar News, March 16, 2016
- “Collaborative Law In Divorce Cases,” Family Law Forum Blog, December 10, 2015
- “White Paper: Financial Exploitation of the Elderly,” September 2, 2015
- “Changes in the Probate Division,” January, 2014
- “Post-Nuptial Agreements Ruled Enforceable in New Hampshire,” Family Law Forum Blog, September 6, 2013
- “College Expenses and the Divorced Parent in New Hampshire,” Family Law Forum Blog, June 10, 2013
- “Pre-Nuptial Agreements: Are They Enforceable in New Hampshire?” Family Law Forum Blog, May 29, 2013
- “Financial Exploitation of the Elderly – Another Look,” January 11, 2013
- “Partition Actions in New Hampshire,” October 9, 2012
- “Powers of Attorney: A License to Steal?” June 25, 2012
- “Guardianship and the Right to Attorneys’ Fees,” March 21, 2012
- “On the Front Lines: Battling Financial Exploitation of the Elderly,” May 27, 2011
- “Mediation in Probate Litigation Matters,” June, 2010
- “Same Gender Marriage and Probate Law,” February, 2010
- “Burden of Proof in Undue Influence Cases,” September, 2008
- “Anna Nicole Smith & Estate Litigation- The Saga Continues,” March, 2008
- “The Disinherited Spouse,” November, 2007
- “Burke v. Bunny’s Superette: When Can You Undo A Hijacked Will?” May 16, 2007
- “Show Me the Money! Anna Nicole Smith and Probate Litigation,” April 17, 2007
- “Preventing and Remedying Financial Exploitation of the Elderly,” NH Bar News, October 6, 2006
- “The Therapist-Client Privilege In Child Custody Disputes: Understanding the Berg Decision,” Networker – Newsletter of the NH Psychological Association, January 2006
- “Trustee Obligations: Avoiding Beneficiary Lawsuits,” CPA Connection, April 2005
Community Involvement
- Member of the Board of Directors for The Palace Theatres, Manchester, New Hampshire, 2019 – present. Currently serve as Chair
- Board of Directors of CASA (Court Appointed Special Advocates) of New Hampshire, 2013 – 2022 (Chair, 2016 – 2017 and 2020-2022))
- Director, New Hampshire Bar Foundation, 2012 – 2016
- Board of Directors, Brain Injury Association of New Hampshire, 2013 – 2016
- St. Elizabeth Seton Catholic Church, Pastoral Council Member, 2004 – 2008
- Greater Manchester Habitat for Humanity, former President, Board of Directors
- Georgetown University Admissions Representative, 2005 – 2010
- “Recent Undue Influence Cases: Lessons for the Estate Planning Practitioner,” Portsmouth, NH, May 12, 2016
- “Challenges to Wills During Lifetime,” Portsmouth, NH, September 2015
- “Financial Exploitation of the Elderly: The Invisible Epidemic,” NH Bar Association, June 12, 2015
- “Financial Exploitation of the Elderly: How to Spot It, How to Prevent It, and How to Remedy It, New Hampshire Society of Accountants, June 19, 2013
- “Guardianship Nuts and Bolts: Obtaining Guardianship in New Hampshire Courts,” NH Health Care Association Webinar, May 1, 2012
- “Guardianship: Nuts and Bolts,” NH Health Care Association Seminar, September 30, 2010
- “Show Me the Money and Financial Exploitation of the Elderly,” NH Health Care Association Seminar, May 6, 2009, Merrimack County Nursing Home
- “Recent Developments in Employment Law and Family Law: What Employers Need to Know” – October 19 and 31, 2007
- New Hampshire Healthcare Association: “Financial Exploitation of the Elderly,” The Courtyard Marriott, Concord – September 13, 2006
- “New Hampshire Healthcare Association: Guiding End of Life Care,” Geriatric Education Conference – June 27, 2006
- “Financial Exploitation of the Elderly,” Riverwoods at Exeter – March 23, 2006
- “Financial Exploitation of the Elderly,” Charter Trust Company – May 2, 2006
- “Financial Exploitation of the Elderly,” Half-Day Seminar, CR Sparks, Bedford, New Hampshire – November 2, 2005
articles-updates
Feb 23, 21
In In re Estate of Dow, the New Hampshire Supreme Court was asked to analyze whether the son of the late Marie Dow should be considered a “pretermitted heir,” such that he would take a portion of the estate, even though Ms. Dow’s will omitted him completely. In New Hampshire, a […]
articles-updates
Feb 16, 21
On January 20, 2021, the New Hampshire Supreme Court issued an opinion, In re Estate of Dow, discussing two separate issues of interest to probate practitioners: (1) the governing law over a will that requested the application of Massachusetts law, and (2) the application of what is known as the pretermitted […]
articles-updates
Sep 11, 20
This blog has often discussed the issue of financial exploitation of the elderly. It is an ongoing and real problem. One way to protect loved ones from falling victim to the acts of a stranger or even another family member is guardianship. In these matters, the need for a guardianship […]
articles-updates
Dec 20, 19
New Hampshire law can protect a disinherited spouse. Such policies are grounded in the institution and the protections that come with marriage. From a public and social policy standpoint, it makes sense that one should not be able to completely disinherit a spouse. When that happens, and it does happen, […]
articles-updates
Dec 6, 19
Many of our clients come to us with concerns about an aging parent. Stories of financial exploitation of the elderly are often in the news, and this exploitation is real. There may be several ways to protect your loved ones from falling victim to a stranger or even another family […]
articles-updates
Nov 22, 19
In October 2018, our Probate Team (Attorneys David Eby and Tavish Brown) received a positive order from the Probate Division, Judge David King, providing a solid outcome for our client after a contentious battle with her sister. The order drew to conclusion longstanding litigation between two sisters over the management […]
articles-updates
Nov 8, 19
In May 2019, Devine Millimet’s Probate Litigation team received a favorable outcome in a case involving a long-running dispute between siblings over the management of their parents’ estates. After a three-day hearing, Judge King determined that while the client had in fact distributed assets from her mother’s trust contrary to […]
articles-updates
Oct 25, 19
In October 2016, Devine Millimet’s Probate Litigation team tried a will contest case before the New Hampshire Trust Docket. In this case, Devine shouldered the burden of showing that a 2014 amendment to a trust, a deed transferring ownership in the deceased’s home, and subsequent transfers of assets into the […]
articles-updates
Oct 11, 19
Devine’s Probate team recently received an Order from the Probate Division, Judge Quigley, which provided a positive outcome for its client. The Order stems from a petition to partition real estate that was originally decided on June 24, 2015. In the original partition, two brothers who owned a working family […]
articles-updates
Oct 15, 18
For many people estate planning seems like a confusing, complicated and uneasy topic, better to avoid for a later date. Nobody wants to think about death. At the same time most people have had some direct experience with, or know someone who has had a family member die without a […]
articles-updates
Oct 15, 18
On August 15, 2018, the New Hampshire Supreme Court issued an order in In re Alice Stedman 1989 Trust 2013 Restatement, Case No. 2017-0288, a case concerning a challenge to a restatement to a trust on the grounds of undue influence. The petitioner claimed that his sister unduly influenced their 93-year-old […]
articles-updates
May 21, 18
With the increase in the number of challenges to wills and trusts, it should come as no surprise that many estate planning documents contain language to protect against frivolous challenges. These so-called “no contest” clauses essentially provide that should a disgruntled beneficiary file a claim to set aside the subject […]
articles-updates
Apr 23, 18
Many wills and trusts are challenged on the ground that the testator simply lacked the required testamentary capacity to sign a will or trust, or other legal document. Frankly, none of us need to demonstrate much in order to sign a will. Any individual can sign a will so long […]
articles-updates
Mar 26, 18
We are all familiar with the phrase: “Innocent until proven guilty.” This phrase is often used to describe the basic tenet of criminal law that it is the state accusing an individual of a criminal act that has the burden of proving the person’s guilt. This same is generally true […]
articles-updates
Sep 11, 17
The finding of undue influence is heavily dependent on the facts of any given case. In order to prove undue influence, the challenger must find and marshal the evidence that will convince the judge that the executor had at least some diminished capacity and that the wrongdoer exerted such influence in a […]
articles-updates
Sep 11, 17
Challenges to estate planning documents or other legal documents such as deeds or contracts are often based on the theory of “undue influence.” This concept is perhaps widely misunderstood. For example, there is nothing wrong with an adult child providing assistance to an aging parent, even if it is done […]
articles-updates
Sep 4, 17
It is not uncommon for an unmarried couple to reside together in a residence, but where the title on the deed is in only one name. Because the couple is not married, the domestic relations laws in this state cannot be used to protect either partner. What happens, then, should […]
articles-updates
Aug 28, 17
Litigators, including probate litigators, litigate cases. That’s what we do. However, any good litigator will ensure that settlement discussions and mediation are part of any litigation strategy. Litigation is time consuming, difficult emotionally and financially on the parties, and is, by definition, uncertain. In any matter that goes to trial, […]
articles-updates
Aug 21, 17
A recent statute, implemented in 2015, provides that an individual who seeks to have a guardian appointed over another may, under certain circumstances, recover any attorneys’ fees incurred through that process. RSA 464-A:43 provides that the Probate Division Judge may direct a ward to pay the attorneys’ fees of the […]
articles-updates
Jul 9, 17
Estate planning lawyers will often prepare power of attorney documents for their clients. These documents designate an individual who will have the power to act on the principal’s behalf in financial matters. These powers are often very useful and appropriate. Elderly individuals who can no longer manage their own finances, […]
articles-updates
May 23, 17
With our aging population, it is not uncommon for the probate division in New Hampshire to see petitions for guardianship. In these petitions, an individual (often a family member) seeks an order from the court declaring an elderly (the proposed ward) to be incapacitated and in need of a guardian. […]
articles-updates
May 16, 17
We often refer to power of attorney documents as “licenses to steal.” If you believe a family member or other trusted individual who has the power to manage finances under a power of attorney document might be taking advantage of that power, the law in New Hampshire does provide a remedy. Under […]
articles-updates
May 2, 17
Our judiciary is often criticized as being slow, cumbersome and ineffective. In the world of probate litigation, the New Hampshire judiciary has established a special, designated court in order to streamline cases, bring cases to trial in a faster and more efficient manner, and ultimately to better serve the citizens […]
articles-updates
Apr 25, 17
Probate litigation is a broad term that encompasses a whole host of litigated matters—generally related to issues of wealth transfer between generations. The cases often pit family members or trusted advisors against each other and as a result are often emotionally charged and difficult for all parties. Some of the […]
articles-updates
Apr 18, 17
I am often asked why the Probate Litigation Team includes estate planning lawyers as well as litigators. At Devine, Millimet & Branch we believe it is important to address all issues that may arise in any litigated matter. In the probate litigation arena, it is important not only to have […]
press-releases
Aug 21, 24
MANCHESTER, NH – Devine, Millimet & Branch, P.A. is proud to announce that 23 attorneys have been selected by their peers for inclusion in 2025 The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. One Devine Millimet attorney was selected for the 2025 “Lawyer of the Year” Awards.”Lawyer […]
press-releases
Jul 23, 24
Palace Theatre Trust Board of Trustees Announces New Leadership Attorney David P. Eby succeeds J. Michael Perrella as Chair July 23, 2024 – MANCHESTER, N.H. – The members of the Palace Theatre Trust Board of Trustees have elected its former vice chairman, David P. Eby, a shareholder at Manchester-based law firm […]
press-releases
Oct 11, 22
Congratulations! The following Devine Millimet attorneys have been selected for inclusion on the 2022 Super Lawyers® list: Andrew D. Dunn David P. Eby Pete W. Mosseau Anu R. Mullikin Thomas Quarles Donald L. Smith Jon B. Sparkman Joseph G. Mattson Marrielle B. Van Rossum Super Lawyers® is a rating service […]
press-releases
Aug 18, 22
MANCHESTER, NH – Devine Millimet & Branch, Professional Association is pleased to announce that 25 lawyers have been included in the 2023 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. “Best Lawyers® was founded more than […]
press-releases
Oct 12, 21
Congratulations! 14 Attorneys from Devine Millimet have been selected to the 2021 New England Super Lawyers® and/or Rising Stars® list. A Super Lawyers® or Rising Stars® selection is an honor reserved for those attorneys who exhibit excellence in practice. This accolade provides third-party validation of your firm, grows an attorney’s […]
press-releases
Aug 19, 21
“Lawyer of the Year”® Recipients: Angela B. Martin– Closely Held Companies and Family Businesses Law Camille Holton DiCroce – Commercial Transactions / UCC Law Jon B. Sparkman – Nonprofit / Charities Law Robert C. Dewhirst – Insurance Law Current Recognized Lawyers: 27 Devine Millimet, Professional Association lawyers named to 2022 Best Lawyers® list […]
press-releases
Aug 20, 20
“Lawyer of the Year”® Recipients: Steve Cohen – Tax Law Camille Holton DiCroce – Banking and Finance Law Matthew R. Johnson – Construction Law Pamela A. Peterson – Family Law Jon B. Sparkman – Closely Held Companies and Family Businesses Law Current Recognized Lawyers: 29 Devine Millimet & Branch, Professional Association lawyers named to 2021 […]
