New Hampshire Questions & Answers by Practice Area


New Hampshire Questions & Answers

Q: father died me+2 sibling beneficiaries assets in trust lawyer wants probate1 sister agrees 2 don't is probate necessary

1 Answer | Asked in Probate for New Hampshire on
Answered on Apr 26, 2017

This isn't really a matter of 'opinion' ... if there are assets that are in your father's name alone at the time he died, then probate is necessary. If a LAWSUIT in which the estate had an interest is ripe (wrongful death, etc.) then probate is necessary.

If there are absolutely NO assets in your dad's name or in the Estate's control, then probate is not necessary. You don't go into the specific facts needed to judge for sure, but I'd ask the attorney WHAT asset needs to be probated...
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Q: A car hit me from behind and then I slammed into the car in front of me

1 Answer | Asked in Car Accidents for New Hampshire on
Answered on Apr 24, 2017

The guy who hit you. Make that clear. Contact a member of the New Hampshire Assn for Justice--they give free consultations.
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Q: Which court do you go to in order to file for SSDI?

1 Answer | Asked in Social Security for New Hampshire on
Answered on Apr 21, 2017

To file for Social Security Disability you file the initial application either online or at your local office. To file online go to: https://secure.ssa.gov/iClaim/dib or find a local office here: https://secure.ssa.gov/ICON/main.jsp .

If you have already been denied by Social Security and have already appealed your case to the Appeals Council, and the Appeals Council denied your claim, then you would file in the Federal District Court in the state you live in.
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Q: How do I file a complaint against ICE.

1 Answer | Asked in Immigration Law for New Hampshire on
Answered on Apr 20, 2017

Contact:

DHS Office for Civil Rights and Civil Liberties

The Office for Civil Rights and Civil Liberties (CRCL) supports the Department's mission to secure the nation while preserving individual liberty, fairness, and equality under the law. CRCL integrates civil rights and civil liberties into all of the Department activities:

Promoting respect for civil rights and civil liberties in policy creation and implementation by advising Department leadership and personnel,...
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Q: A Temporary Divorce Decree was Issued, Can I cancel Joint Credit Cards?

1 Answer | Asked in Family Law for New Hampshire on
Answered on Apr 5, 2017

Credit card companies are not bound by the terms of your temporary order assigning debt to your soon-to-be-ex-spouse. Since you are ordered responsible for your own finance and credit cards you should obtain a detailed record of what your soon-to-be-ex-spouse is charging and file a motion with the court to obtain permission to cancel the joint credit cards and delineate in your motion the debt that has been incurred since the Temporary Decree was issued. If your soon-to-be-ex-spouse fails to...
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Q: If custodial parent moves out of state with child and abuses her can i get custody? I have not seen child in six monah

1 Answer | Asked in Child Custody for New Hampshire on
Answered on Apr 1, 2017

You can file in NH but you should also consult with an attorney licensed in Maine asap.
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Q: Hello, Divorce agreement says I can not take kids out of school. They Irish Dance. Ex signed them up during school hours

1 Answer | Asked in Child Custody and Divorce for New Hampshire on
Answered on Apr 1, 2017

If you both agree then that's fine. You should have your ex confirm that it is OK in writing (text or email) so you have a record of it.
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Q: Can a contracting company require independent sub-contractors to pay for inspections of personally owned work equipment?

1 Answer | Asked in Employment Law, Business Law and Contracts for New Hampshire on
Answered on Apr 1, 2017

If it is in the contract then they can require it.
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Q: Hello my child is currently in juvenile court over a charge of a pot pipe. She has a lawyer and I asked him to appeal

1 Answer | Asked in Appeals / Appellate Law and Juvenile Law for New Hampshire on
Answered on Apr 1, 2017

Although you are the parent and a party to the case, the lawyer's duty is to the child. The child is the one who needs to tell the lawyer what they want to do.
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Q: Can I get pro bono help with a case I have in family court reguarding my ex molesting our 9 year old?

1 Answer | Asked in Child Custody and Family Law for New Hampshire on
Answered on Apr 1, 2017

Yes, contact the NH Bar Association pro bono program.
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Q: My daughter's father hasn't been in her life for awhile hasn't paid court ordered child support in a year. What can I do

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on Apr 1, 2017

You can file a motion to enforce court order. You may also want to consider contacting the child support division at the DHHS to see if they can help.
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Q: Can the DMV arrest me? It says I will be guilty of a class A Misdemeanor ?

1 Answer | Asked in DUI / DWI for New Hampshire on
Answered on Apr 1, 2017

Not sure what your question is. Can you clarify?
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Q: My son has been dating this girl 3 years younger than him for almost 3 years. He will be turning 18 this year.illegal?

1 Answer | Asked in Juvenile Law and Criminal Law for New Hampshire on
Answered on Apr 1, 2017

Dating is fine but if they are having intercourse, that is illegal.
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Q: Can I purchase a firearm in New Hampshire?

1 Answer | Asked in Civil Rights and Criminal Law for New Hampshire on
Answered on Apr 1, 2017

You need to look into annulment. If you are able to annul the charge, then you should be able to possess a firearm.
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Q: Can my 15 y/o son get in trouble for having consensual sex with his 15 y/o girlfriend?

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Apr 1, 2017
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Q: What are the possible consequences for my minor daughter for violating a restraining order in NH?

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Apr 1, 2017

It depends on the level of the charge. If she was charged with a Class A Misdemeanor, then she could go to jail. This is highly unlikely based on the facts you describe. Your daughter should consult with a criminal defense attorney asap if she hasn't already.
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Q: My boyfriend has a deferred sentence. He got a ticket recently, no arrests. Will he go to jail?

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Apr 1, 2017

Probably not, but it depends on the language of the deferred sentence and whether it included violations such as a ticket.
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Q: Can you be charged with a bail violation after your case has been closed?

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Apr 1, 2017

Potentially. If you violated your bail conditions before the case was resolved, then yes, you could be charged.
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Q: Penalty for New Hampshire 318-B. 1st offensive for half oz marijuana and a pipe.

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Apr 1, 2017

The answer depends on what you've been charged with. Depending on the weight on the alleged drugs, you could be facing a felony charge which carries potential prison time and high fines. At the very least, you potentially face a misdemeanor charge which could result in jail time and a minimum fine.
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Q: If my business files for bankruptcy, does that affect any of my non-business/personal assets?

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Mar 31, 2017

Greetings!

The short answer is no, with reservations. If the business is in fact a separate legal entity, filing for bankruptcy protection on behalf of that entity will affect you IF you have signed personal guarantees; if you are employed by or your living is sustained by the business. If your business is in chapter 7, your interest (shares, membership, equity) in the business entity would be part of the bankruptcy estate. If your business is in chapter 11, your interest would be...
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