Probate Attorneys in Manchester

How Does Probate Court Work in New Hampshire?

After a death involving a will, a probate court decides whether the will is valid. In a situation with a valid will, the court oversees the carrying out of the wishes outlined in the will. We help individuals with various aspects of probate, whether our clients serve as the executor, beneficiary, trustee, or believe that they were incorrectly omitted from a will.

When planning out the details following your passing, you want to be sure that your wishes are carried out. It’s important to draft an estate planning document that leaves no ambiguity concerning your desires or concerning the loved ones involved.

At Brennan Lenehan Iacopino & Hickey, our Manchester probate attorneys are backed by more than 40 years of experience and the resources of a large firm. Although we have the manpower and resources of a larger firm, we never lose sight of our clients and are often described as having a small firm feel.

Can a Will Be Contested?

In certain cases, a party may contest a will. If an individual is named as a beneficiary, he or she may challenge the will. Also, if an individual would inherit based on intestacy laws governing inheritance but has been left out of the will or specifically disinherited, he or she may try to contest.

To successfully challenge a will, the will must be proven invalid due to various reasons including:

• Undue influence: If the will was written under threat or persuasion, the will would be invalid.
• Testamentary capacity: If the will was written by a testator who did not understand what was going on or was not able to remember property, relatives or other important issues, the will would be invalid.
• Not following procedure: Without witness signatures, a testator signature, or other formal recognitions, the will would be invalid.
• Revoked will: Even if a will was signed, it could be void if it was revoked by a later will, divorce, marriage, or other legal action.
• Fraud: If the testator was deceived by a third party during the creation of the will, the will would be invalid.

A will cannot be formally contested if the individual was not named as a beneficiary or if the individual is not a family member who would be eligible to inherit.

What Happens if There is No Will?

If there is no will, the probate court still oversees asset distribution, as outlined by intestacy laws. These laws indicate which family member is entitled to an inheritance of some sort, and in what order.

After any outlying debts have been paid, assets are distributed to the following:

• Spouse
• Children
• Parents
• Siblings
• Grandparents
• Great-grandparents
• Great-grandchildren

Without the input and guidance of a skilled Manchester probate lawyer, a greater chance exists for errors. We thoroughly look into all the details of each probate case in order to ensure that everything is as airtight and in line with the executor’s wishes as possible.