Probate & Wealth Transfer Litigation

Devine Millimet has assembled a team of probate attorneys with broad experience before the New Hampshire Probate and Superior Courts--a team that is able to effectively and compassionately protect our clients' interests. Disputes relating to a will or a trust, or regarding the improper management of a loved one's assets are difficult, financially and emotionally. Our team understands that successful resolution of these disputes requires more than just knowing the way around a courthouse. When estate disputes arise between family members, friends, or trusted advisors, we provide clients with insight while being sensitive to their unique interpersonal dynamics. We provide the determined advocacy necessary to bring these matters to successful resolution. Our team works closely with our estate planning and tax lawyers, who have the specific expertise to work through the many issues related to probate litigation— allowing a comprehensive approach to wealth transfer problems. 

Our clients include individuals, executors, trustees, families, financial institutions, and charitable organizations. We routinely litigate "will contest" claims and trust challenges, fiduciary accounting actions, claims involving the financial exploitation of the elderly, guardianship petitions, disputes among will or trust beneficiaries, and related wealth transfer matters.

Our Services

Will Contests and Trust Challenges

We represent individual and charitable beneficiaries in cases involving challenges to estate plans. We have extensive experience with challenges based on claims that the decedent lacked testamentary capacity and/or the estate plan at issue was the product of undue influence. We also represent executors and trustees as the proponent of estate plans in the face of such challenges. Our team understands the unique legal and factual challenges inherent in these claims and can help bring these matters to successful resolution.

Guardianship Matters

Disputes often arise when family members seek appointment as guardian over another aging family member. We represent individuals in these actions, from the initial stages of guardianship appointment to disputes over the guardian’s work.

Fiduciary Accountings (Power of Attorney), Trust, and Estate Accountings

Financial exploitation of the elderly is, unfortunately, a common occurrence. Our team routinely represents individuals in cases involving the mismanagement of trust or estate funds or property, or the misuse of power of attorney documents.

Beneficiary Claims – Against Executors and Trustees

Sometimes claims must be asserted by or against an estate fiduciary. We represent executors, beneficiaries, and creditors in varied actions before the New Hampshire Probate Division or Superior Courts.

Mediation and Dispute Resolution

Our team of litigation specialists recognizes the need to aggressively pursue or defend claims in court. However, we are also trained to resolve matters and understand that sometimes, especially given family dynamics at play, a negotiated agreement might be a better for all. Our team looks at each case with settlement in mind. When appropriate, we use our experience and skill to achieve a solid settlement agreement through informal negotiation or more formal mediation sessions.

Representative Matters

MATTERS INVOLVING WILLS & ESTATES

• Successfully represented charities in highly-publicized Webber Estate litigation, setting aside the estate plan on grounds of undue influence.
• Represented successor trustee in highly publicized Tamposi Trust litigation, involving trust assets of approximately $140,000,000.
• Represented corporate fiduciary in action by beneficiary of a $20,000,000 estate challenging various aspects of the estate administration.
• Represent executors and trustees in claims related to alleged wrongful probate and trust administration.
• Represent various parties challenging estate plans on grounds of undue influence and lack of testamentary capacity.
• Represent individuals in connection with the application of New Hampshire intestacy laws and statutory spousal share claims.
• Represent clients in actions involving an “oral will" and related claims for disinherited spouses

MATTERS INVOLVING TRUSTS

• Represent trust beneficiaries in claims against trustees for breach of fiduciary duty and failure to provide required accountings, and claims for trust asset distribution and trustee removal.
• Represent trust beneficiaries related to trust interpretation and enforcement claims.
• Represent trustees in connection with petitions to convert a trust to a unitrust.
• Represent clients in cy pres claims to modify or terminate charitable trusts.

GUARDIANSHIP MATTERS

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

POWERS OF ATTORNEY

• Represent clients in accounting claims against power of attorney agents for abuse of their power, for damages and related claims.
• Represent agents in defense of their actions.