probate

Congress has designated the third week in October as National Estate Planning Awareness Week (October 20-26, 2018).It is estimated that at least 60% of Americans do not have an estate plan. Most people think that only older adults need to have an estate plan. However, it’s important for younger people to have a Will, especially if they have minor children. A proper estate plan will provide for a guardian for your minor children to ensure that they’ll be cared for by the people you want as guardians in the event of your death or incapacity. Yet, based on a recent AARP survey, 78% of people age 18-36 and 64% of people age 37-52 do not have a will.Without an estate plan such as a Will…

This article discusses the basics of probate procedures in New Hampshire. We will try to provide a broad overview of the process of probating an estate. You also can get a good overview of the process from the court’s perspective by going to the court’s website, www.courts.nh.gov/our-courts/circuit-court/probate-division. You will find a lot of “how-to” materials including checklists, forms, and a handbook on administering estates. In fact, the court’s online information may be all one needs for handling small and uncomplicated estates. However, as stated in the handbook, the information available “is not a substitute for legal advice”. Accordingly, should you find yourself in the position as the executor or administer of even a small uncomplicated estate, you should give serious consideration to meeting with a…

Most of us have heard the story about the unconscious patient brought to an emergency room in Florida with “Do Not Resuscitate” tattooed across his chest. The seventy-year-old man had chronic obstructive pulmonary disease, in addition to other ailments. Getting a tattoo to express one’s wishes to not receive cardiopulmonary resuscitation (CPR) may hold some attraction. After all, the patient’s wishes would seem to be clear and there is no need for your loved ones to rush to the hospital with your DNR request or health care proxy. But, in fact, it has the opposite effect. Emergency medical responders would be faced with a dilemma. If just the letters “D.N.R.” are tattooed, the responders may not immediately see the tattoo or they may not be…

We often get questions on whether a client should have a will or a trust, and what the benefits of each are. For each client, there are benefits to both types of estate plans.Wills are simple and can be much cheaper to complete then trusts. They direct where your property goes when you pass into the great beyond, and they can provide direction to your family when they deal with your passing. However, wills can sometimes be inefficient to deal with the property in a way that you want, and they require the will to be probated in Court. They are also public documents that can be viewable at Court, and for some more private people that can be a problem.Revocable trusts provide clients with…