New Hampshire Probate Questions & Answers

Q: My father passed. my house has his and my name on deed does his new wife have any claim to the house

1 Answer | Asked in Probate for New Hampshire on
Answered on Apr 4, 2018
Joseph Kelly Levasseur's answer
She may have a legal interest in his share of the property. Is there a 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: 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
Kenneth V Zichi's answer
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...

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

1 Answer | Asked in Probate for New Hampshire on
Answered on Jan 20, 2017
Kenneth V Zichi's answer
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 be likely to 'miss' something which could cost more and add delay to the process of winding things up.

You CAN try to do this on your own, but it generally saves hassle (and frequently money) if...

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).

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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