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New Hampshire Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for New Hampshire on
Q: On June 22 my nephew came into my home, I asked if he was armed. He refused to answer. He did say I should be afraid of

My nephew and his wife were going to lease my house but because of a disagreement with the pet section of the lease, he, his wife and his father came to my house on June 22. When I told them that the pet section was clearly written, they began to swear and yell at me. As this melee escalated, I... Read more »

Leonard D. Harden
Leonard D. Harden answered on Jun 24, 2020

I am not sure I heard a question. It seems more like a statement. It also appears as though you are concerned about your safety and if you think a crime has occurred you may want to report it to the police.

1 Answer | Asked in Banking for New Hampshire on
Q: If I’m the secondary account holder/shared account holder for a bank account do I have equal rights to the funds?

It’s a holy rosary credit union account if that helps

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 18, 2020

You need the Terms & Conditions given at the time of account opening (or the latest published version, usually available at branch locations for customers that request it.) Some banks may have it online for download, especially if you have online banking. The account may read "A or B"... Read more »

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 Criminal Law and Probate for New Hampshire on
Q: I owed restitution from when i was 15 can they transffer it 2 adult court and put a bench warrent if i was off probate

When I was 15 i vandalized someones car.i was supposed to pay off 1400$ and do prohibition. I finished my probation successfully and moved to virginia when i turned 18 i owe 285$ left on my probation can they transfer it to adult court because they are telling me i have a bench warrent now.

Leonard D. Harden
Leonard D. Harden answered on Jun 12, 2020

It depends. If you finished probation successfully and the case was closed it doesn't seem like there is anything that can be done. If it was left as a collections case only, they may be able to issue a warrant. I would suggest contacting the court and find out if there is a warrant and if... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Been falsely accused at work of an affair with an employee based on an error in an expense report I approved.

I've always had a good report with my employees but now I'm worried they will start digging through emails and misconstrue funny / friendly IMs and Email. What should I do ?

Raul Jauregui
Raul Jauregui answered on Jun 11, 2020

welp, I don't think this is as much of a legal question as one of perception and general office culture well being. So my reaction would not be legal, but would be to look at the better examples of people who have first changed their office's culture and later, if the matter came up,... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: can the DEA send and wired informant to my private property to audio an video me with out me being aware

i live in new hampshire, and i own my property, i think the DEA illegal obtain a search warrant, based on video and audio from an informant that was illegal obtain,

Leonard D. Harden
Leonard D. Harden answered on Jun 3, 2020

NH law has a wiretapping statute that requires consent to record. There are exceptions including one party intercept permission to law enforcement granted by the AG office.

You should contact a lawyer to discuss the particulars of your case. Search and seizure law is constantly evolving...
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

DOMESTIC RELATIONS

CHAPTER 457

MARRIAGES

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.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Have you ever experienced a case where the defendant was pulled over in a vehicle registered to them, sr-22 insurance

and an interlock device all in their name but had not yet been to the dmv to take his license test/ get his license back?

Leonard D. Harden
Leonard D. Harden answered on May 15, 2020

I have represented people charged with violation of the IID law, operating without a license and after suspension. The facts of each case are unique, but it is better to speak with a person than to try to give advise generically. My office number is 603-788-2080. I handle cases in Northern NH.

1 Answer | Asked in Family Law for New Hampshire on
Q: If a Father signed over his rights in NH under false pretenses by the mother, Is there a way for him to get visitation?

Father thought he was making the best decision for his two children, the mother wasn't willing to work with him about anything and he didn't want to put his kids through that. She told him he could still see them and be in their lives but five years later and that is not the case. He... Read more »

Brian Waller
Brian Waller answered on May 13, 2020

If the case where this happened was in NH originally and the kids still live in NH, this would be a NH case and the laws may be slightly different. In general, unless there was something in the written agreement he probably doesn't have much of an argument, unfortunately. Obviously, every case... Read more »

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: What are the NH Homestead exemptions in Chapter 7 Bankruptcy?

If I use NH exemptions in Chapter 7, what is the homestead exemption? Is that on top of the Federal exemption or in lieu of?

Leonard G Deming
Leonard G Deming answered on May 4, 2020

In most cases, debtors may choose between the state and federal exemption. In order to select the state exemptions, debtors generally must have lived in NH continuously for about 2 years. The NH homestead exemption is currently $200,000 for each person having an interest in the homestead, which... Read more »

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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 Employment Law for New Hampshire on
Q: New Hampshire. Amazon driver. Hourly, full-time. Worked 12.5 hours on a shift.

Manager changed employees time clock to reflect a 30 minute break without the employee's consent. Is this legal in the state of New Hampshire?

Carrie Dyer
Carrie Dyer answered on Apr 22, 2020

Under the Fair Labor Standards Act, an employer is required to pay its employees for all time spent performing “compensable” work. However, employers do not have to compensate employees during “bona fide meal periods.” A bona fide meal period is a break during which an employee is relieved... Read more »

2 Answers | Asked in Immigration Law for New Hampshire on
Q: Hi , My dad has green card expired 10 years ago, does this count as immigration proceedings?
Adan Vega
Adan Vega answered on Apr 18, 2020

Your father who is in possession of an expired resident card remains a permanent resident until such time that he voluntarily surrenders his status or an immigration judge issues an order rescinding his resident status.

Your father is not in “proceedings” until a “ Notice to Appear”...
Read more »

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1 Answer | Asked in Business Law for New Hampshire on
Q: Home was foreclosed on in 2010. Bank is making us pay payments and we ran out of $. They want us to sign forbearance

We were supposed to receive investment $ this month but haven't because of virus. We both signed up for SS because we are 64 years old. We may get money next month, but not sure with the virus situation. If we explain our situation to them, can they still take us to court hoping we may get... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 9, 2020

will depend. ask them for the grace period that was enacted recently.

it may be one to three months. you would have to pay and get back on schedule after that.

1 Answer | Asked in Admiralty / Maritime for New Hampshire on
Q: Foreign boat transaction question

A US citizen living in Vermont owns a foreign company that holds a boat as an asset within the company. A US broker is contracted to sell the boat for a 10% commission. The broker is not responsive to offers and the Foreign company sells the boat to a US citizen after import to the US on its own.... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 5, 2020

It's difficult to say based on these facts alone. It could depend on the provisions of the brokerage agreement, communications between the parties, and other issues. Good luck

Tim Akpinar

1 Answer | Asked in Banking, Civil Litigation and Constitutional Law for New Hampshire on
Q: What standing does the 14th amendment have over any type of bank debt ? My understanding is debt occured that is funded

By the European Cental Banks (Fed is funded by those banks) are unconstitutional under the 14th amendment ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

The fourteenth amendment does not apply to any sort of "bank debt" per se--European or otherwise. The fourteenth amendment--among many other things--protects all individuals subject to the Constitution--and certain entities--from a state government "taking" of property without... Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents and Landlord - Tenant for New Hampshire on
Q: Id like to know the laws about towing in new Hampshire. If they are supposed to release the vehicle if I'm there.

After work I visit my boyfriend at his apartment complex. My boyfriend owns the apartment and his HOA says nothing about not being able to have guests daily. I used the vistor parking. No stickers are required. I followed every rule. But I looked out the window and saw them trying to take my car. I... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 26, 2020

A New Hampshire attorney could advise best, but you await a response for three weeks. Unfortunately, if you hired legal representation, the costs would exceed your damages, with no guaranteed outcome. You could look into small claims court in your county. Good luck

Tim Akpinar

1 Answer | Asked in Divorce for New Hampshire on
Q: Married in NH and about to file for divorce. Husband is expecting a large payout settlement from state of MA as well

filing for disability retirement. A large 20+ year pension is also being negotiated. He has been making threats to me that I wont get a penny of the settlement or retirement yet we have been married 16 years, together 29, and are married with 3 children. 2 questions: Will I get a portion of his... Read more »

Ora Schwartzberg
Ora Schwartzberg answered on Mar 25, 2020

Yes you will get a portion of the value if the divorce action is brought in NH. You should speak with an attorney so that you can explain exactly where your husband is in the process. Also you should bring any written documentation regarding the pension negotiations and disability.

Do you...
Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: School closures and being disciplined at work for caring for gour child

My wife is being disciplined at work for caring for our daughter during the school shut downs during the corona virus pandemic. She is also being disciplined for missed time for past absences. NH is in a state of emergency as well. Is there any protections in place for parents to care for their... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 18, 2020

Currently, there is no federal law providing protection for your wife's job in this circumstance, assuming that your daughter is not ill and only out of school because of the shut down. Congress is in the process of passing legislation that may impact this. You should consult an employment... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: What exactly is this charge? : Controlled drug act My friend got charged with this while being incarcerated

Controlled drug act.

My friend got charged with this while incarcerated, I'm not exactly sure what this means, if he was in possession of drugs, or if someone gave him drugs or what exactly happened & I can not ask him because he is in the hole. Thank you for any help!

Leonard D. Harden
Leonard D. Harden answered on Mar 16, 2020

The Controlled Drug Act is where you will find all drug offenses in the NH criminal code RSA 318-B: http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XXX-318-B.htm

If your friend was in custody then it seems likely that he was found in possession or trying to get a controlled substance...
Read more »

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