New Hampshire Estate Planning Questions & Answers

Q: Hi, my mother is in a will to inherit my great aunts house. Can this be changed by anyone else?

1 Answer | Asked in Estate Planning for New Hampshire on
Answered on Apr 4, 2018
Joseph Kelly Levasseur's answer
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 has not put the house into Trust or other legal alternatives to protect that home. As long as she is of sound mind she can change the terms of her Will. Being a beneficiary does not mean you will...

Q: Can I evict my nephew from our house

1 Answer | Asked in Estate Planning and Probate for New Hampshire on
Answered on Nov 28, 2017
Kenneth V Zichi's answer
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 of the house (it sounds like you haven't done that yet) so the home is owned by you and your nephew rather than the estate, and

2) then figure out what can be done to resolve the situation with the...

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

1 Answer | Asked in Family Law and Estate Planning for New Hampshire on
Answered on May 31, 2017
Theresa Spearing's answer
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 notary public or justice of the peace or other official authorized to administer oaths in the place of execution, as follows:

The foregoing instrument was acknowledged before me this __________...

Q: Do step children automatically inherit parents assets equally with biological children in the case of no will?

1 Answer | Asked in Estate Planning and Probate for New Hampshire on
Answered on Jun 8, 2016
Israel Piedra's answer
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.

Q: Does a POA give the POA agent the right to act as my trustee, when my trustee has become mentally incompetent?

1 Answer | Asked in Elder Law and Estate Planning for New Hampshire on
Answered on Jun 6, 2016
Israel Piedra's answer
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.

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?

1 Answer | Asked in Estate Planning for New Hampshire on
Answered on Mar 29, 2016
Israel Piedra's answer
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.

Q: I have a question about theft from an estate

1 Answer | Asked in Criminal Law and Estate Planning for New Hampshire on
Answered on Dec 22, 2015
Israel Piedra's answer
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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