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.
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.
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.
Team
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
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
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 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
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 […]
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