Probate Litigation

As the baby boom generation ages, families increasingly face unique challenges in their efforts to protect aging and incapacitated family members and their assets. This growth of a wealthy, aging population has unfortunately brought with it an increase in all types of probate litigation.

We understand that many of the issues that arise in this area require immediate attention, often on an emergency basis. For example, assets of an aging family member are sometimes depleted due to impaired judgment or exploitation. Our team is prepared to act on short notice.

With the exclusive jurisdiction vested in probate courts by the Omnibus Justice Act of 1993, probate court jurisdiction has expanded greatly. The rules in those courts are constantly evolving as the probate courts adapt to their expanded jurisdiction.

McLane's Probate Litigation Practice Group attorneys are experienced in litigating matters affecting the rights of the aging population and their heirs and are uniquely qualified to handle these matters. We have extensive experience in all types of probate litigation matters including will and trust disputes; guardianships, civil commitments and issues involving incapacity; requests for accountings and disputes over the exercise of powers of attorney; and common law marriage and related tax issues. We often work with expert witnesses from related fields.

We have initiated and defended cases involving:

• Will contests
• Petitions for Guardianships
• Petitions for Accounting (to investigate and redress wrongs committed by an Attorney-In-Fact operating under a Power of Attorney)
• Trust disputes
• Petitions for Civil Commitment
• Common Law Marriage and related tax issues

Our attorneys also act as expert witnesses in litigation cases concerning these matters.

Charlie DeGrandpre, a senior member of the firm's Trust & Estate Department, is a leading authority on trust & estate matters in the State of New Hampshire and has published two seminal publications on this field of law, including the one volume treatise, New Hampshire Wills, Trusts and Gifts and the three volume treatise, New Hampshire Probate Law and Procedure.

David Wolowitz is a pioneer and experienced probate litigation advocate in legal issues relating to mental illness and incapacity, which he has advised on since 1975, and has provided expert testimony on the mental health issues related to probate litigation matters.

In addition to our advocacy skills, we understand the complex mental health issues related to aging. We have working relationships with geriatric psychiatrists and other medical and mental health professionals. We are sensitive to family dynamics and the unique pressures faced by families working hard to protect aging family members and their assets.

For further information, contact one of our Probate Litigation Group Attorneys at (603) 625-6464.