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Powers of Attorney, Wills and Revocable Trusts are important estate planning documents. An estate plan ensures the distribution of your assets to your beneficiaries, names guardians for your children and when applicable, helps avoid probate and the costs and delays associated with it. In addition to a Will and Trust, every person should have a health care and financial power of attorney in place, in addition to a Living Will.

If you need an Estate Planning Attorney in New Hampshire or Massachusetts, please contact us for assistance.

This document is used to appoint an individual to handle all of your financial matters and other related affairs. The powers granted may be broad and include:

• Sell Real Estate
• Access Bank Accounts
• Transfer Various Assets
• Apply for Federal and State Programs and Entitlements
• Access Safe Deposit Boxes

If you need a Trust and Estate Attorney in NH or MA, please contact us.

In New Hampshire, advance directives include a durable health care power of attorney and living will. These documents apply to your health care matters and decisions.

Durable Health Care Power of Attorney

Like the durable general power of attorney, the durable health care power of attorney designates an agent to serve on your behalf. He or she will make all health care decisions when you cannot make them yourself.

Unlike the durable general power of attorney, this document does not take effect immediately. That only applies if you cannot decide for yourself. In Massachusetts, this document is known as a Health Care Proxy.

Living Will

This document is used to express your wishes to withhold and withdraw life-sustaining support systems, you are terminally ill, or permanently unconscious. You may also express your desire to withhold or withdraw from nutrition and hydration (food and liquids). This does not mean that comfort medication is withheld.

If you need an Estate Planning Attorney in NH or MA, please contact us for assistance.

A will is a document that is executed under certain formalities. It sets forth whom you leave your assets to and designates your executor to carry out the provisions of your will upon your death. Another important function of your will is to designate a guardian your minor children. You can leave your property to anyone you choose. You can also cut out beneficiaries and your heirs. However, if you are married and you do not leave at least the statutory amount to your spouse, he or she may elect to force his or her elective share from your estate. Feel free to call us to learn more about this planning.

If you need an Estate Lawyer, contact us today for assistance.

A testamentary trust is created within your will. This used to be popular, but it is no longer recommended. However, it can be used when planning for a spouse who is receiving public assistance to pay for nursing home care or in other rare cases.

Testamentary trusts are subject to the supervision of the Probate Court. They normally require annual filings and reports for the duration of the trust.

There are annual attorney fees and delays to administer a testamentary trust. These issues can be avoided entirely using a revocable trust or an inter-vivos trust. Unlike the revocable trust, the provisions of a testamentary trust are public.

If you need a Trust and Estate Lawyer in NH or MA, contact us today for assistance.

With court delays because of state budget cuts, it makes sense to establish a revocable trust. You need to fund it during your lifetime to avoid the costs and delays of probate upon your death.

There are laws that impose responsibilities on Trustees. We can help you with your fiduciary duties and ensure you follow the laws and guide as a Trustee. This includes annual accountings and certain mandatory notices to beneficiaries. Contact us for additional information.

If you need a Trust and Estate Attorney in NH or MA, contact us today for assistance.

Administering an estate in court is called probate. The decedent’s assets are determined and valued, and his or her debts are paid.

Creditors are granted a chance to file claims against the estate. Once debts, expenses of administration, and medical bills are settled, the assets are distributed to the beneficiaries. If the decedent had a will it is called a testate administration. If not, the administration is called an intestate administration. An ancillary administration is when the decedent died domiciled in another state, owning real estate in another state. The original last will of the decedent and a certified copy of his or her death certificate should be filed to get the probate process started. Get in touch with us to discuss the next steps.

If you need a Probate Attorney in New Hampshire or Massachusetts, contact us today for assistance.

Probate litigation covers different disputes between fiduciaries and beneficiaries, such as:

• Contesting the Validity of a Will, Trust of Power of Attorney
• Duress
• Fraud
• Undue Influence
• Pursuing an Action Against a Fiduciary for Breaching His Duties

There are many responsibilities that a fiduciary of a will and trust must comply with. It is important to have someone highly experienced in estate and trust law on your team. We can help you pursue your claim and protect your interests. 

If you need a Trust and Estate Lawyer in NH or MA, contact us today for assistance.

A nuptial agreement is a contract between a couple which is entered into either before they get married or after they are married. The nuptial agreement addresses the division of their assets in the event of divorce and or death.

Prenuptial and postnuptial agreements are smart, given the present divorce rate in the United States. They are increasingly becoming popular in cases when parties have children from a previous relationship, have a business, getting married for the second time, or who are expecting a substantial family inheritance.

If you need an Estate Planning Attorney, contact us today for assistance.

For other areas of law that we do not handle, we can refer you to someone who can assist you. We would be happy to use our resources to help you get the representation you need for:

• Criminal Law
• Personal Injury
• Worker’s Compensation
• Bankruptcy
• Civil litigation
• Landlord & Tenant issues
• Employment law
• Real Estate

If you need an Estate Planning Attorney in NH or MA, contact us today for assistance.