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New Hampshire Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for New Hampshire on
Q: Can descendent leave a sum of money to an heir, and stipulate that the heir must pay another heir out of those proceeds?

For example, the decedent leaves $300,000 to Child A and in the will instructs Child A to pay $100,000 to Child B. Can that be done? I'm wondering if there might be tax implications because is Child B's money and inheritance or a gift, at that point?

I'm also confused as... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 15, 2020

It is a poor drafting technique, but it can be done as long as the will is clear on that. The amount paid from A to B, if that is what the will clearly instructs, would be considered B's inheritance directly from the decedent, and not a gift from A to B. In such a situation, A would be... Read more »

1 Answer | Asked in Family Law, Estate Planning and Probate for New Hampshire on
Q: IS TITLE XLIIIDOMESTIC RELATIONSCHAPTER 457MARRIAGESProof of MarriageSection 457:39, a valid statute

I have recently lost my domestic partner of over 23 years. We were never formally married, but in my research into the matter I came across TITLE XLIII




Proof of Marriage

Section 457:39: 457:39 Cohabitation, etc. –... Read more »

Joseph Caulfield
Joseph Caulfield answered on Jun 3, 2020

Yes, the statute is valid.

This is NH's limited acknowledgement of common law marriages.

You can file in the probate court a petition for an intestate share of your partner's estate.

2 Answers | Asked in Bankruptcy, Estate Planning, Real Estate Law and Tax Law for New Hampshire on
Q: I am the trustee of a living trust. Can a court take the real property in the trust if I have a judgment against me?

I may file bankruptcy. Is the real property in the trust considered my asset? Can it be taken away from me? (I am co-trustee and beneficiary)

Nina Whitehurst
Nina Whitehurst answered on May 2, 2020

The answer could go either way depending on the terms of the trust. Have an attorney who understands trusts and asset protection review this trust.

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1 Answer | Asked in Estate Planning for New Hampshire on
Q: In NH if husband and wife are joint owners and the husband dies. How does the wife get sole ownership?
Theresa Spearing
Theresa Spearing answered on Feb 14, 2020

If your Deed is titled Joint Tenants with Rights of Survivorship, the property passes automatically by operation of law.

1 Answer | Asked in Estate Planning for New Hampshire on
Q: Can a wife take over deceased husbands house after he dies if they did not live in it and her name not on deed. House in
Nina Whitehurst
Nina Whitehurst answered on Aug 26, 2019

The wife needs to engage a local probate attorney to follow the proper process to get the house retitled in the name of the husband's heir(s) according to his will or, if he had no will, then according to the laws of intestate succession. There is no way to know without a full consultation... Read more »

1 Answer | Asked in Estate Planning for New Hampshire on
Q: Hi, my mother is in a will to inherit my great aunts house. Can this be changed by anyone else?

Can the house be taken away by a family member caring for the elder? Can the funds be exhausted by family member taking care of finances ?

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 4, 2018

Under certain circumstances there is the possibility the Will could be changed by someone other than the Aunt. You would have to look at the agreement for services because yes, the funds she has saved would most likely be used for her care and the home could be attached or sold for her care if she... Read more »

1 Answer | Asked in Estate Planning and Probate for New Hampshire on
Q: Can I evict my nephew from our house

My Nephew and I recently inherited the house I get 75% and my nephew 25 we were living in the house when my parents passed away he has not paid anything am I legally allowed to kick him out

Kenneth V Zichi
Kenneth V Zichi answered on Nov 28, 2017

If you BOTH own the house, then no, you probably can't evict him. You MAY be able to partition the house, and sell if he won't buy you out, but the details of what you can and cannot do are far too complex to get into in a forum like this. You need to both

1) Complete the probate...
Read more »

1 Answer | Asked in Family Law and Estate Planning for New Hampshire on
Q: A self approved will written in the year 2012 New Hampshire does it need to be notarized to be legal or just signed by 2

2 or more persons

Theresa Spearing
Theresa Spearing answered on May 31, 2017

Yes, in order for a Self-Proved Will to be valid in New Hampshire it must be notarized.

RSA 551:2-a Self-Proved Wills outlines the requirements:

I. To qualify as self-proved, the signatures of the testator and witnesses shall be followed by a sworn acknowledgment made before a...
Read more »

1 Answer | Asked in Estate Planning and Probate for New Hampshire on
Q: Do step children automatically inherit parents assets equally with biological children in the case of no will?

We have been married 28 years and between us have 8 children all grown and 13 grandchildren. all we have is the equity in our home and no will. Will all 8 of the children share the remaining assets : step children and biological. we have no biological children together. I have 5 he has 3.

Israel Piedra
Israel Piedra answered on Jun 8, 2016

Here's some more information about dying "intestate" (without a will).

I highly recommend you talk to an attorney in person. You have a unique situation and there's a chance your estate will not be distributed in a manner you intend.

1 Answer | Asked in Elder Law and Estate Planning for New Hampshire on
Q: Does a POA give the POA agent the right to act as my trustee, when my trustee has become mentally incompetent?

My father was my trustee for a trust for which I was both grantor and sole beneficiary. Without telling me, my sister acquired durable power of attorney for my father, and started "standing in" for my father, making decisions for my trust, and my personal expenditures, without becoming... Read more »

Israel Piedra
Israel Piedra answered on Jun 6, 2016

This is a complex question and I can't urge you strongly enough to consult an experienced trusts attorney. There may be statute of limitations concerns.

Please contact me directly if you need help finding an attorney.

1 Answer | Asked in Estate Planning for New Hampshire on
Q: My father left me out of his will and claimed he had no children. He left everything to friend/executor. What can I do?

In father's will, article 1 states he has no children. Then Article 3 says exclusion of pretermitted heirs and he makes no provision for any child of his other than ones mentioned in article 1. But in art 1, he lied and said no children. He knew I existed, he financially provided for me for 19... Read more »

Israel Piedra
Israel Piedra answered on Mar 29, 2016

You need to speak with an estate lawyer immediately. It's very possible you could have rights under New Hampshire law. Act fast because there could be time limitations on your ability to challenge the will.

1 Answer | Asked in Criminal Law and Estate Planning for New Hampshire on
Q: I have a question about theft from an estate

My mother passed away in march, my sister and I get half of everything. Things are still in probate court. There is an equity loan tying things up. Property has been inventoried and most appraised to see if we have enough to pay off the loan. My sister has been selling items on her own to support... Read more »

Israel Piedra
Israel Piedra answered on Dec 22, 2015

Only law enforcement can determine if there is a valid criminal complaint. Speak to your local police. If you are interested in pursuing civil remedies against your sister, you should speak to an estate law attorney.

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