Creditor Claims (NH)

CREDITOR CLAIMS (NH LAW) Updated January 2016 Creditor’s Deadlines Within six months of the grant of administration, creditor must present a demand to the Administrator by registered mail setting forth “the nature and amount of the claim and a demand for payment.”  RSA 556:2. Suit cannot be filed within six months and must be filed […]

Pretermitted Heirs

PRETERMITTED HEIRS (NH LAW)             To protect children and grandchildren from being inadvertently disinherited when omitted in a Will, RSA 551:10 provides that, if certain conditions are met, the omitted child or grandchild shall receive the same estate share as he or she would have received had there been no Will at all and the […]

Will Contests

This Law Summary is designed to educate you on structure and filing for Will Contests in New Hampshire.  The full document is available for download at left.  A party is “interested” and has standing to initiate a will contest if the “‘aggrieved person … is one who has a direct pecuniary interest in the estate […]

POA Accountings

POWER OF ATTORNEY ACCOUNTINGS (NH LAW) In seminars, I sometimes refer to powers of attorney as “licenses to steal.”  Although made part in jest, the comment can be all too true.  Millions of elderly impaired Americans have delegated control over  their finances by granting a power of attorney to a family member, usually a child.  […]

Trust Material Purposes

Trust Material Purposes Updated January 2016             The New Hampshire Trust Code (the “NHTC”) offers parties and the court great flexibility in terminating and restructuring trusts, subject to one significant limitation: the result cannot be inconsistent with a trust “material purpose.” Although of central importance to the NHTC, the term is nowhere defined and no […]

Lessons for Estate Planners

PROBATE LITIGATION LESSONS FOR THE ESTATE PLANNER Updated January 2016 Introduction Due to a variety of demographic changes (we live longer, get divorced more, and have more wealth), the incidence of estate plan challenges has been on the rise. The most common litigation scenarios involve a child opposing a plan preferentially benefiting another child, a […]