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 more typical probate litigation matters include the following:
WILL CONTESTS AND TRUST CHALLENGES
Our probate litigation team represents individuals and charitable beneficiaries in cases involving challenges to estate plans. Our team has vast experience with bringing challenges to an estate plan on the grounds that the decedent lacked “testamentary capacity” and/or was “unduly influenced” to create or modify the plan. We also commonly represent executors or trustees in cases where an estate plan has been challenged. Successful representation in these matters requires a complete knowledge of the somewhat unusual New Hampshire laws and practices that govern these cases and a sensitivity to the client’s needs.
GUARDIANSHIPS
With our aging population, we are seeing more and more of these cases in which a family member (most commonly) requests the appointment of a guardian over the person or estate of an elderly family member. These cases can end up in protracted litigation as family members fight for the court’s favor to be appointed guardian. Family history and family dynamics often play a role in these cases and an understanding of those dynamics is needed to be effective in these matters.
FINANCIAL EXPLOITATION OF THE ELDERLY
Financial exploitation of the elderly is becoming a more common occurrence. We routinely represent individuals who seek to file actions to protect a loved one through the filing of an accounting action against the wrongdoer. Individuals with the agency power under a power of attorney document have broad powers that are often misused and abused. These accounting actions seek to halt the improper conduct and to bring back money that has been wrongfully taken from the elderly.
BENEFICIARY CLAIMS AGAINST EXECUTORS AND TRUSTEES
Our team also represents individuals who serve in the fiduciary capacity as either an executor or a trustee. Disgruntled beneficiaries may file claims against these fiduciaries. We are well-versed in representing such individuals and in defending these actions.
Probate litigation cases are factually intensive and unique. In any of these cases, knowing the history and factual background, and also the family dynamics involved is imperative. Our team understands this.
