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New Hampshire Probate Questions & Answers
2 Answers | Asked in Criminal Law, Domestic Violence, Municipal Law and Probate for New Hampshire on
Q: Good behaviour

Good afternoon, i was put on good behaviour for a violation on January 7th, 2019 and it ended on January 7th, 2020. I got arrested OUT OF STATE for an unfortunate violent crime on August 2019. It says i can annulle the violation after the period. Is that possible it will get annulled or will I need... Read more »

Andrew S. Winters
Andrew S. Winters answered on Feb 8, 2021

I think I understand your question to mean you were convicted in New Hampshire for a violation on 1/7/19 with a one year good behavior period. You want to get that conviction annulled but in August of 2019 you were arrested for a different charge in New York. I assume that charge is still pending?... Read more »

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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 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




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 Probate for New Hampshire on
Q: What is best way to fix name on legal documents when first/middle were switch on birth certificate?

Moved states and need a new ID but my birth certificate has my first/middle names switched (I never caught this). All legal documents use my middle name (for 85 yrs now). DMV suggests I change entire name to match SS card exactly and then apply for new birth certificate. But will state put my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2020

You have a few options here. The first option is to do nothing. It is quite common for an individual to "go by" his or her middle name or a nickname his or her entire life. Just accept the new id with your name as shown on your birth certificate. Your friends can still address you by... Read more »

1 Answer | Asked in Contracts and Probate for New Hampshire on
Q: What is the NH statute defining incompetence?

My wife had dementia when she cancelled her disability policy

Tim Akpinar
Tim Akpinar answered on Dec 27, 2019

A New Hampshire attorney could advise best on this, as insurance coverage is generally governed by state specific-elements. But your question remains open for two weeks. The problem with such a legally broad term is that it could be defined in more than one way, depending on the statute and... Read more »

1 Answer | Asked in Probate for New Hampshire on
Q: My father passed. my house has his and my name on deed does his new wife have any claim to the house
Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Apr 4, 2018

She may have a legal interest in his share of the property. Is there a Will?

1 Answer | Asked in Estate Planning and Probate for New Hampshire on
Q: Can I evict my nephew from our house

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

Kenneth V Zichi
Kenneth V Zichi 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...
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1 Answer | Asked in Probate for New Hampshire on
Q: father died me+2 sibling beneficiaries assets in trust lawyer wants probate1 sister agrees 2 don't is probate necessary
Kenneth V Zichi
Kenneth V Zichi 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...
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1 Answer | Asked in Probate for New Hampshire on
Q: I've been tasked with handling my father's assets after his death and it looks like I can just fill out the probate

paperwork in the county where he lived. Is there any reason I should also hire an attorney?

Kenneth V Zichi
Kenneth V Zichi answered on Jan 20, 2017

There are MANY requirements when filing probate from handling final tax returns, to filing a 1041 (if necessary) and insuring all the appropriate publication notices and creditor notices are filed etc.

EACH STATE has different requirements, and unless you are familiar with them you'll...
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1 Answer | Asked in Estate Planning and Probate for New Hampshire on
Q: Do step children automatically inherit parents assets equally with biological children in the case of no will?

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.

Israel Piedra
Israel Piedra answered on Jun 8, 2016

Here's some more information about dying "intestate" (without a 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.

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