Probate & Trust Litigation

A resource for lawyers and the public in Massachusetts and New Hampshire for information on will contests, trust disputes, guardianships, conservatorships, elder exploitation, fiduciary duty claims, and other probate litigation disputes.

Ralph Holmes

Significant Verdicts Include: $3.4 million verdict in Trimble v. Bolduc; $2.8 million verdict in Whittemore v. Hersey; and others

    A trial lawyer with over 30 years’ experience, Ralph has handled nearly all aspects of civil litigation in state and federal courts. Ralph’s expertise is in complex, challenging litigation and has developed one of the region’s leading probate litigation practices while continuing to handle many substantial other types of cases for individuals and businesses. Reflecting their confidence in his abilities, lawyers within and outside the firm entrust their clients to Ralph when they need aggressive, responsive litigation representation. Mindful of the costs of litigation, Ralph delivers representation efficiently and strategically with careful attention to planning and budgeting.  Ralph is a Fellow of the American College of Trust and Estate Counsel.

    Ralph received his J.D. from Boston College (1984) and a B.A. from Lafayette College (1980).

    Significant Verdicts and Appeals:

    • $3.4 million verdict in Trimble v. Bolduc, a fiduciary duty case against trustee and related entities
    • $2.8 million verdict in Whittemore v. Hersey, a fiduciary duty case against trustee and attorney-in-fact
    • $6 million verdict in Loconti v. Loconti (in concert with counsel representing other another claimant) to compel settlor’s contractual obligation to fund trust for benefit of claimants
    • Successfully defended fiduciary duty claims against Trustee relative to management and sale of manufactured housing park in Tay v. Grondin
    • Successfully challenged will and trust due to incapacity and undue influence in In re Estate of Frederick W. Whittemore (affirmed on appeal)
    • Successfully obtained contested trust reformation against plain meaning in Preuninger v. Youschak
    • Successfully defended fiduciary duty claims against attorney-in-fact in Therrien v. Therrien
    • Successfully defended trustee removal action in In re Trust of Gordon F. York
    • Successfully defended challenge to will on capacity and undue influence grounds in Betjemann v. Betjemann
    • Successfully defended challenge to trust validity due to alleged lack of settlor consent and other grounds Belisle v. Belisle
    • Successfully defended claim to apply pretermitted heir rights to trusts, In re Teresa Craig Living Trust (N.H. Supreme Court, 9/7/2018)
    • Successfully enforced pre-nuptial agreement in In re Hollett Estate, reversed on appeal, 150 N.H. 39, 834 A.2d 348 (2003)
    • Successfully defended spendthrift trust on appeal in Scheffel v. Krueger, 146 N.H. 669, 782 A.2d 410 (2001)