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New Hampshire Questions & Answers
1 Answer | Asked in Divorce and Insurance Bad Faith for New Hampshire on
Q: If a judge says I can stay on my husband's insurance after divorce, how can a federal insurance deny that?

My husband wants a divorce. But we are doing it amicably and he wants to keep me on his health insurance due to my health issues. He wants to have it written into the final papers. He has a federal health plan and spoke with someone the other day; the insurance says I cannot be on his insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2022

A New Hampshire attorney could advise best, but your question remains open for three weeks. I can only speak for the insurance law-based attributes of your question, not the divorce-related ones. But as a general matter, courts do not usually have the power to change insurance policies. If the... Read more »

1 Answer | Asked in Uncategorized for New Hampshire on
Q: My dentist is charging me $350 for a copy of my dental scan
Tim Akpinar
Tim Akpinar
answered on Oct 25, 2022

A New Hampshire attorney could advise best, but your question remains open for two weeks. Do you or another dental office need the actual films? If not, you could ask about less expensive formats of the radiographs. Good luck

1 Answer | Asked in Construction Law for New Hampshire on
Q: What laws are being broken by a contractor, who takes a deposit and doesn't complete the work in several different towns

as well as taking an electrician's license number and putting his name on it.

Alexandra Brewer
Alexandra Brewer
answered on Sep 30, 2022

It depends. Each contract and situation will need to be evaluated on its own. Were you personally damaged by this contractor? In order to bring an action against someone, you would have to have standing (i.e. a party to the contract). Please feel free to contact me to discuss.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Someone wants me to lease property across the street from my property and use my address is this legal
Alexandra Brewer
Alexandra Brewer
answered on Sep 30, 2022

Hi there. I would need a lot more information and a better understanding of your situation to determine the answer to your question. Please feel free to contact me to discuss.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can I sue for undisclosed well issues during purchase of my home?

We bought a house four years ago. As of recent, we have discovered serious issues with the well. We called the same plumber the previous owner used. He disclosed to us that the previous owner was aware of issues with the well since 2006. Nothing was disclosed to us at closing or at all. Can we sue?

Alexandra Brewer
Alexandra Brewer
answered on Sep 30, 2022

The short answer is, maybe. The purchase agreements, disclosure documents and other related documents would need to be reviewed to determine how best to proceed. Often time, the contract will require mediation first. A real estate attorney would be able to help you review these documents and... Read more »

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: What will happened to my house if I claim bankruptcy? House payment are good. High credit card debt.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 11, 2022

That depends largely on the value of the equity value remaining after the Mortgage debt(s) or liens (including taxes) that are against it. The federal exemptions allow you an exemption in that equity value of approx. $25,000. The value of the total is also usually reduced by about ten percent of... Read more »

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1 Answer | Asked in Bankruptcy and Tax Law for New Hampshire on
Q: Looking for information on student loan insolvency
William J. Amann
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William J. Amann
answered on Aug 26, 2022

Here's some basic information on student loans and Bankruptcy. My firm, Amann Burnett, PLLC, handles creditor and debtor side representation concerning student loans.

11 U.S.C. § 523(a)(8) excepts from discharge a student loan if requiring repayment "would impose an undue...
Read more »

1 Answer | Asked in Construction Law for New Hampshire on
Q: Is it legal for an LLC construction company to charge customers by the hour?
Alexandra Brewer
Alexandra Brewer
answered on Aug 19, 2022

Generally, a construction company or general contractor can charge by the hour and the terms and pricing are outlined in your contract. Some companies may be willing to negotiate a fixed price or a mix of the two. However, it is usually unlikely for a general contractor to charge by the hour as... Read more »

1 Answer | Asked in Consumer Law, Contracts, Copyright and Real Estate Law for New Hampshire on
Q: We have acquired this business, how to reserve patent
William J. Amann
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William J. Amann
answered on Jul 13, 2022

Thanks for your question. In order to answer fully, I'd need to know, at a minimum, terms of the business purchase and what you want to patent. I'd also need to review the business purchase documents. If you're interested in hiring my firm for this, please just let me know. Thank you.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Is a License to Sell real estate of a deceased person necessary when someone has power of attorney for the deceased?
Alexandra Brewer
Alexandra Brewer
answered on Jul 13, 2022

First, not all power of attorney agreement will include the authority to sell property. Often if it does, it is applicable only while the donor is alive unless there was some sort of transfer of that right. Second, whether or not the property has already been transferred or disposed of would be an... Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: what is the NH statute of limitations of a private mtg w/a maturity date of 4/1/1998
Alexandra Brewer
Alexandra Brewer
answered on Jul 12, 2022

This really depends on your claim. In New Hampshire, undischarged mortgages that have been on record for more than 50 years become void unless prior to the 50 years the mortgagee or assignee state the mortgage is not discharged, and upon recording of such, the 50 years begins again. N.H. RSA... Read more »

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can you pay a lien on a home and own the home if there is no mortgage?
Alexandra Brewer
Alexandra Brewer
answered on Jul 12, 2022

I would need a bit more information to thoroughly and thoughtfully answer this question. Having a lien on a property does not necessarily lead to ownership. A lienholder would need to foreclose or auction the property, if applicable, and the highest bidder would become the owner of the property.... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Municipal Law for New Hampshire on
Q: What can I report a town resident for going through a "road closed" sign?

I work for a town municipal department in New Hampshire and we're (public works dept.) having trouble with some residents going through our road closed sign. Our signs are properly placed out from another. We have a "road closed ahead" at each entrance into the road and our... Read more »

Leonard D. Harden
Leonard D. Harden
answered on Jun 15, 2022

Thanks for posting your question. I represent only folks charged with a crime so I would do not actually bring any charges. However, in the past I have represented citizens that have been charged for entering a closed road with various violations.

I would think that your local PD would be...
Read more »

1 Answer | Asked in Car Accidents for New Hampshire on
Q: Someone opened their door on a busy road and their door hooked on my rear passenger side and damaged my vehicle.

They damaged my back and I don't want to have to pay my deductible to get it fixed because it's not my fault. Is there anyway to avoid the deductible? She does not have insurance

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2022

A New Hampshire attorney could advise best, but your question remains open for two weeks. Many jurisdictions have traffic laws placing the responsibility on the occupants of the parked car in opening a door into traffic. Only a local attorney could advise there. However, as a general matter... Read more »

1 Answer | Asked in Estate Planning for New Hampshire on
Q: Will question : if a will is drawn up in one state and then the person lives in another state us will valid ?

Mother moved to another state for last 12 years of her life , is the will valid in the second state ?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 9, 2022

Most states do honor a will drawn up in another state as long as the will was validly created in the other state according to the laws of the other state as the time the will was executed. However, that creates a problem of proof in the new state. When it comes to probating the foreign will, the... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: If a grand jury indicts someone, what are the defendant rights ? Do they get to know what was said at the grand jury?
Leonard D. Harden
Leonard D. Harden
answered on Jun 9, 2022

Grand jury hearings are secret in NH and federally.

A Grand Jury considers evidence presented by the government and decides whether there is sufficient evidence to formally charge a person with committing a crime.

Secrecy prevents those under scrutiny from fleeing or importuning...
Read more »

1 Answer | Asked in Contracts for New Hampshire on
Q: Bill of sales not completed

Was sold a car, Private sale, and was lied to about the condition the car was in. I know I most likely will have nothing there to get money back on, but in the bill of sales there were items that were listed that were not given or received. The price of all items adds up to about 9k, and because of... Read more »

William J. Amann
PREMIUM
William J. Amann
answered on May 13, 2022

It sounds like you probably do have a case. Would need to know the terms of sale in bill of sale, if any and any oral representations. Might be worth sending the seller a demand letter.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I have a confession from my ex cell mate should I contact the prosecutor and could it help me reduce my charges?
Leonard D. Harden
Leonard D. Harden
answered on May 13, 2022

You should contact your defense lawyer. You should never speak with the prosecutor directly without your lawyer. If the information you have is valuable your lawyer should be able to assist you without risking any admission or other problems.

Do not talk to the prosecutor or police!

1 Answer | Asked in Business Law, Construction Law and Contracts for New Hampshire on
Q: Customer breached contract when calling my insurance for damages; Terms and conditions clearly state - not liable

Removing and replacing roof including the framing. No roof, just tarps, some water got in. It was expected in this type of job, hence the terms and conditions. Customer filed a claim with my insurance even though the Terms and Conditions she signed directly states that I'm not liable for any... Read more »

William J. Amann
PREMIUM
William J. Amann
answered on May 11, 2022

It sounds as if the homeowner breached your contract by filing an insurance claim when she shouldn't have. I'd ask her to withdraw the claim. It sounds like she is also interfering with your General Contractor. Yet, since you stated things seem to be ok for the moment, that's... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can I be charged with criminal trespass for driving up a posted driveway to ask for a phone when having car troubles?

Driveway was posted however it was late and below freezing temperatures. Truck was about to die 100%. I'm on camera going up driveway and leaving. Never reached anyone for help. Found out months later there was a theft around the time I went up there to ask for a phone. Police are trying to... Read more »

Leonard D. Harden
Leonard D. Harden
answered on May 9, 2022

The answer really depends on the facts. You should contact a defense lawyer and consult about your case. If you have been charged with a criminal offense that means there is probable cause to arrest according to at least a police department and justice of the peace.

Call a well...
Read more »

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