Get free answers to your Estate Planning legal questions from lawyers in your area.
can they claim ownership? can i get removed even tho its an irrivocable trust ?
answered on Apr 30, 2024
A trustee and a beneficiary are not the same thing. You can be both the trustee and a beneficiary or there can be one or multiple beneficiaries and this may not include the trustee. A trustee is responsible for managing the trust. A beneficiary is the person(s) who will receive the assets of the... View More 
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answered on Nov 9, 2023
Accessing funds from an estate account should only be done by the executor or administrator of the estate, and only for legitimate estate expenses as allowed by law and the will, if one exists. Rent owed by the estate can be a legitimate expense, but it must be documented and justified as such. You... View More
Mother moved to another state for last 12 years of her life , is the will valid in the second state ?
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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... View More
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... View More
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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... View More
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
DOMESTIC RELATIONS
CHAPTER 457
MARRIAGES
Proof of Marriage
Section 457:39: 457:39 Cohabitation, etc. –... View More
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.
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)
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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.
answered on Feb 14, 2020
If your Deed is titled Joint Tenants with Rights of Survivorship, the property passes automatically by operation of law.
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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... View More
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 ?
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... View More
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
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... View More
2 or more persons
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... View More
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.
answered on Jun 8, 2016
Here's some more information about dying "intestate" (without a will).
http://lawyersnh.com/estate-plan-death-without-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.
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... View More
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.
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... View More
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.
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... View More
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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