Probate and trust disputes often arise during some of the most emotional times in a family’s life. Disagreements over wills, trusts, or estate administration can create tension and uncertainty. At Sowerby & Moustakis Law, we represent families across Southern New Hampshire with the goal of resolving disputes fairly and protecting relationships whenever possible.

What Is Probate and Trust Litigation?

Probate and trust litigation involves disputes over the validity, interpretation, or administration of a will or trust. These disputes may include:

• Will Contests: Challenging the validity of a will based on undue influence, lack of capacity, or improper execution.
• Trust Disputes: Questions about how a trust is managed or whether a trustee is acting appropriately.
• Breach of Fiduciary Duty: Claims that an executor or trustee failed to act in the best interest of beneficiaries.
• Beneficiary Disputes: Conflicts between heirs over distributions or interpretations of documents.
• Guardianship or Conservatorship Disputes: Questions about who should make decisions for an incapacitated loved one.

Why Probate and Trust Disputes Happen

Disputes can occur for many reasons:

• Family dynamics or long-standing conflicts
• Confusion caused by vague or incomplete documents
• Concerns about fairness in asset distribution
• Allegations of fraud, undue influence, or mismanagement

These issues can delay estate administration, increase costs, and strain family relationships. Having experienced legal guidance is critical to resolving matters efficiently.

The Probate and Trust Litigation Process in NH

While every case is different, most follow these steps:

1. Free Consultation: We review the dispute and explain legal options.
2. Investigation: Gathering evidence, reviewing documents, and interviewing witnesses.
3. Negotiation and Mediation: Many cases can be resolved outside of court through settlement discussions or mediation.
4. Litigation: If settlement is not possible, we represent clients in probate court or civil court.
5. Resolution: Our goal is to achieve a fair outcome while protecting your rights and reducing conflict where possible.

Frequently Asked Questions

How long does probate litigation take in New Hampshire?
It depends on the complexity of the case. Some disputes resolve in a few months, while others may take longer if a trial is necessary.

Can disputes be resolved without going to court?
Yes. Many disputes are resolved through negotiation or mediation, which often saves time and reduces stress.

What if I believe an executor or trustee is mismanaging assets?
You may have the right to bring a claim for breach of fiduciary duty. An attorney can review the situation and advise on next steps. 

Protect Your Family and Your Rights

Probate and trust disputes can be challenging, but you do not have to face them alone. At Sowerby & Moustakis Law, we provide compassionate and experienced representation to protect your rights and guide you toward resolution.

Schedule your free consultation today to discuss your situation and learn how we can help.