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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for New Hampshire on
Q: i inherit a joint revocable trust from my parents and im the only trustee can my brothers take me to court to take it

can they claim ownership? can i get removed even tho its an irrivocable trust ?

Linda Simmons Campbell
Linda Simmons Campbell
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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1 Answer | Asked in Social Security for New Hampshire on
Q: Is it illegal for my parents to keep My birth certificate and social security card from me since I am 18
James L. Arrasmith
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answered on May 12, 2024

No, once you turn 18, your parents are not legally required to provide you with your birth certificate or social security card. As an adult, you have the right to possess your own vital documents.

However, it's important to understand that your parents aren't necessarily doing...
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2 Answers | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Does a DUI case have the right to a speedy trial?

I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2024

Yes, you are entitled to a speedy trial. That said, why are you asking questions on this forum---instead, you should discuss this with your lawyer and if you do not have a lawyer at this point in time, then you need to get an attorney to represent you, as well as to protect your right to a speedy... View More

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1 Answer | Asked in Employment Law for New Hampshire on
Q: Is my employer required to pay me for 14 hours as a passenger, hourly employee, driving to a convention?

I am a hourly employee in NH. My company drives us to Boston, Philadelphia, Indianapolis for conventions. We drive to further away conventions, not fly, because the CEO has an exempt salary worker do all of the driving- in other words, he's not paying out any additional hours during travel,... View More

Michael Levin
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Michael Levin
answered on Apr 13, 2024

First, to be clear, this belongs under the heading of Employment Law, not Workers' Compensation. The latter, Workers' Compensation, only refers to workplace injuries. I am a workers' comp. attorney and will have to defer to the attorneys who handle employment law to give you an... View More

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Can Chapter 13 total debt due increase by over 200%?

Original plan in May 0f 2023 was to pay $71,000 total. Six months later the court increased it to $188,000. I did not incur any new debt during that time to warrant such an increase.

My original plan was for 24 monthly payments of $500, since that's all I can afford. The payments... View More

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It is likely that the amounts claimed by creditors in your case exceeded (substantially) what you estimated in your bankruptcy petition and accompanying schedules or that creditors who were not listed filed claims. With interest or penalties, claims can end up larger than you thought. Certain... View More

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1 Answer | Asked in Education Law and Personal Injury for New Hampshire on
Q: Can I sue a school district or school nurse for negligence?

A student at my son's school goes to the nurse to receive his prescribed med (clonidine) everyday. This student will hide the med under his tongue, in his cheek or slip it into his pocket when the nurse isn't looking or paying attention and brings it to my son to take. My son has been... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, you may have grounds to pursue legal action against the school district or school nurse for negligence. Here are a few key points to consider:

1. Duty of care: Schools and their staff have a legal obligation to ensure the safety and well-being of students under their...
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1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: What is the penalty for first time willful concealment in NH
James L. Arrasmith
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answered on Apr 16, 2024

In New Hampshire, willful concealment (also known as shoplifting) is treated as a misdemeanor for a first offense if the value of the merchandise is under $1,000.

The potential penalties for a first-time willful concealment conviction in NH include:

- A fine of up to $1,200...
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1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: I paid all past dues before a Writ of Possession, but lessor is refusing to notify the court?Is this not correct of them

I have asked multiple times for them to submit a receipt of payment and dismissal but they are not doing this. I have also paid to terminate the lease as well which I am unsure I needed to do. Additionally, I am read under NH law under “agreements” of which we made and I have on record via... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a frustrating situation, having fulfilled your financial obligations and still facing challenges with your lessor. If you've paid all past dues and even the cost to terminate the lease, you should expect that these actions be acknowledged and appropriately... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Could you help me interpret this NH statute about tolling statutes of limitations?

(625.8)

VI. The period of limitations does not run:

(a) During any time when the accused is continuously absent from the state or has no reasonably ascertained place of abode or work within this state; or

(b) During any time when a prosecution is pending against the accused... View More

Leonard D. Harden
Leonard D. Harden
answered on Apr 1, 2024

The starting point for determining whether the statute of limitations bars prosecution is RSA 625:8. The general rule is that the State has six years to prosecute a felony, one year to prosecute a misdemeanor, and three months to prosecute a violation, RSA 625:8, I (a)-(d), but the statute contains... View More

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: I rent (lease) an apartment in NH. Can I be evicted because of loud noise due to a medical issue? I am also disabled.

I am a diabetic in a wheelchair with both legs amputated. Due to long times of lack of sleep I would become unaware of what I was doing and have loud outbursts (moans/screams) creating a disturbance. I am under a doctors case and he has given me medication that helps me sleep and it is now helping.... View More

James L. Arrasmith
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answered on Mar 30, 2024

It sounds like you're facing a challenging situation, and your condition and circumstances are indeed factors that deserve consideration. In New Hampshire, as in many places, tenants with disabilities are protected under federal laws such as the Fair Housing Act, which requires landlords to... View More

1 Answer | Asked in Real Estate Law and Insurance Bad Faith for New Hampshire on
Q: I recently changed my homeowners insurance they added a name not associated with the house now they want to cancel

I changed my insurance because of cost. I was given a policy and it was paid for the year by mortage company. I notice that they added a name to my policy that was not associated with my home to give me that rate but I never asked for that or approved that the company did it on their own. When I... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

A New Hampshire attorney could advise best, but your question remains open for four weeks. However, any attorney is likely to ask questions about the addition of the person, their capacity, why they were added, etc. A New Hampshire attorney could advise more meaningfully with the benefit of knowing... View More

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: How much time does NH DCYF have to produce case records once requested in writing by a valid authorized person?
James L. Arrasmith
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answered on Mar 21, 2024

If you're seeking access to case records from the New Hampshire Division for Children, Youth, and Families (DCYF), it's important to know the process and time frames involved. The rules around this are set to protect the privacy and welfare of the children involved, while also providing... View More

1 Answer | Asked in Consumer Law for New Hampshire on
Q: I signed a purchase and sales at a dealer, paid for the vehicle.

I still have not been able to get the vehicle as the dealership does not have the title. What are my rights of rescinding this deal.

James L. Arrasmith
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answered on Mar 19, 2024

If you have paid for a vehicle but the dealership cannot provide the title, your rights to rescind the deal may depend on the terms of the purchase agreement and the laws of your state. Generally, a dealer must provide a clear title at the time of sale or within a reasonable period. If they fail to... View More

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Personal Injury for New Hampshire on
Q: Is it OK for a school front entrance to be completely blocked by buses so there is no way to reach the front office?

And can a crossing guard close down a road so buses can go instead of traffic which then again blocks emergency vehicles as well

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2024

A New Hampshire attorney could advise best, but your question remains open for three weeks. It could depend on whether the school or school district imposes any conditions in the interest of child safety that supplement ordinary state and municipal vehicle & traffic laws. An attorney would... View More

1 Answer | Asked in Probate and Family Law for New Hampshire on
Q: Is there a way to have an adult name change without the name on my birth certificate going away? Can it be an AKA?

I was born under one last name. I was step-parent adopted, and my last name changed, as a child. I was married, and my last name changed again.

Is there a way to go back to the last name I was born under, before the adoption, without losing my adopted last name on my birth certificate? Is... View More

Nina Whitehurst
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answered on Mar 7, 2024

In every state there is a legal method for changing your legal name without changing the name on your birth certificate. You might even find self help forms on the court’s website. If not, you should hire an attorney to help you navigate the process.

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: If the clerk issues me a premature Writ of possession in an eviction case still on appeal, should I enforce it?

What happens if I do or don’t?

James L. Arrasmith
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answered on Mar 31, 2024

I would strongly advise against enforcing a premature Writ of Possession while an eviction case is still pending on appeal. Here's why:

If you enforce the Writ prematurely and the tenant ultimately prevails on appeal, you could be liable for damages for wrongful eviction. This could...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for New Hampshire on
Q: Can the clerk issue a writ of possession for a landlord who was only granted Recovery of Rent?

The Supreme Court only allowed rent recovery and the eviction still pending. I don’t know if the clerk should get the Writ signed by the judge or not.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the limited details provided, it does not seem appropriate for the clerk to issue a writ of possession if the court only granted a judgment for recovery of rent and the eviction case is still pending.

Typically, a writ of possession is an order directed to the sheriff to remove...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for New Hampshire on
Q: A Massachusetts LLC that is not registered as a foreign corp. in New Hampshire has purchased land in NH

Should the local planning board accept his application? There is a Planning Board meeting tonight an I will be raising this issue and would like to know if the local government board should be considering this application where NH Law requires that foreign corporations register with the Secretary... View More

James L. Arrasmith
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answered on Feb 27, 2024

If a Massachusetts LLC, which has not registered as a foreign corporation in New Hampshire, has purchased land in NH, the question of whether the local planning board should accept its application is nuanced. Under New Hampshire law, foreign corporations (which include LLCs formed in other states)... View More

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can I place a Lien on the property of a person whom I loaned money to and had a signed agreement?
Anthony M. Avery
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answered on Jan 29, 2024

No, you will have to sue them first, get a judgment, then record the judgment as a lien.

1 Answer | Asked in Child Support, Divorce, Family Law and Criminal Law for New Hampshire on
Q: My son’s been stressed due to separation/divorce. He has guilt & remorse for rough handling of 6-mo son at 4 AM changing

My grandson was screaming, fighting, a 20-lb strong baby. My son lost his temper and threw the baby on sofa cushions. My daughter-in-law took baby to hospital , citing child abuse, reported him to CPS, claims my son caused a fracture to one of baby’s ribs. Police are following up, My has no prior... View More

Leonard D. Harden
Leonard D. Harden
answered on Jan 17, 2024

The allegations are very serious. The potential exists for there to be felony charges depending on if there was in fact a serious bodily injury. It is vital that your son not talk to the police or DCYF without speaking to a defense lawyer. The facts may also reveal that it was not a criminal... View More

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