Estate Litigation Attorney in Manchester
A Selective Caseload for Contested Wills, Trusts, & Estate Assets
Estate litigation concerns disputes over whether estate documents are valid, assets were transferred improperly, a fiduciary fulfilled legal obligations, or someone has rights to inherited property. These conflicts require more than routine estate administration.
We represent beneficiaries, heirs, executors, trustees, and other interested parties in contested estate matters. We examine the governing documents, financial activity, available records, and each client’s legal position before recommending a strategy.
Call (603) 734-5461 to discuss a disputed will, trust, transfer, accounting, or inheritance with our attorneys.
Disputes Involving Estate Documents, Assets, & Fiduciaries
A conflict may begin with an unexpected will, an incomplete accounting, contradictory instructions, or property that appears to be missing. We identify the legal and factual issues behind the disagreement rather than treating it as a routine probate matter.
Our estate litigation work includes disputes involving:
- Will and trust validity: Claims involving improper execution, fraud, duress, testamentary capacity, or undue influence, meaning pressure that overcomes a person’s independent judgment.
- Fiduciary conduct: Allegations that an executor, administrator, trustee, guardian, or conservator failed to account for property, follow the governing document, or manage assets properly.
- Disputed transfers: Questions about beneficiary designations, gifts made before death, powers of attorney, or transactions that changed ownership of significant assets.
- Estate property: Conflicts over inherited real estate, personal property, creditor interests, proposed sales, or the timing and amount of distributions.
- Document interpretation: Disagreements over unclear, inconsistent, or conflicting provisions in a will or trust.
A fiduciary duty is a legal obligation to manage property for an estate, trust, or beneficiary according to the governing document and applicable law. Evaluating a suspected breach may require close review of accountings, bank records, property transactions, communications, and compensation paid from estate or trust assets.
New Hampshire Law Governing Will & Trust Contests
New Hampshire’s Trust Code provides that a trust may be void to the extent its creation resulted from fraud, duress, or undue influence. Certain trust challenges are subject to statutory time limits, but the applicable deadline depends on the claim, the notices provided, and when material facts became known.
Testamentary capacity generally concerns whether the person making a will understood the document, the property involved, and the people affected when it was signed. Relevant evidence may include medical information, witness testimony, communications, drafting records, and details about the person’s condition at that time.
Depending on the claim and available evidence, potential remedies may include:
- Interpreting, enforcing, or invalidating an estate document
- Requiring an executor or trustee accounting
- Suspending or removing a trustee
- Restoring property or funds to a trust or estate
- Reducing or denying fiduciary compensation
- Ordering other relief authorized by New Hampshire law
The available remedies differ from one dispute to another. The governing instrument, the parties’ legal status, prior court orders, contested transactions, and applicable deadlines can all shape the available options.
How Estate Litigation Proceeds in New Hampshire
Our initial work centers on the dispute: who has legal standing, which documents control, what assets or transactions are contested, and whether records or property need immediate protection. We may review wills, trusts, amendments, accountings, deeds, financial statements, beneficiary designations, correspondence, and pending New Hampshire Probate Division filings.
Court Proceedings & Discovery
If court action is appropriate, the dispute may proceed through a petition, notice to interested parties, discovery, motions, and a hearing. Discovery is the formal exchange of evidence and may include written questions, document requests, depositions, financial records, and testimony about capacity or influence.
Negotiation, Mediation, & Appeal
Not every beneficiary dispute must be decided at trial. Direct negotiation, mediation and neutral case evaluation, or a court-approved agreement may provide a path forward. If those methods don’t resolve the material issues, we can prepare for a hearing or address available appellate options.
Focused Counsel for Contested Estates
Brennan Lenehan Iacopino & Hickey has practiced in Manchester since 1975. Our selective caseload allows us to devote time to disputed facts, financial records, client communication, and the strategic decisions that arise as a case develops. We represent clients in court and through alternative forms of resolution, adjusting the approach as the evidence and procedural posture change.
Kathleen Hickey’s credentials include service as a New Hampshire Superior Court Rule 170 Mediator for civil litigation and as a New Hampshire Superior Court Certified Neutral Evaluator for domestic cases. That experience informs our approach to structured dispute resolution when negotiation may serve the client’s objectives.
Discuss Your Rights in an Estate Dispute
An early legal assessment can identify the controlling documents, important dates, available records, and steps that may be necessary to preserve a claim or respond to a pending action. We encourage beneficiaries, fiduciaries, heirs, and family members to bring any available wills, trusts, amendments, accountings, notices, correspondence, and transaction records to the initial discussion.
Call (603) 734-5461 to discuss your role in the estate and the legal options that may apply.