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Estate Planning

Probate and the Rules of Estate Administration

This blog is intended for informational use only. The information contained herein should not be construed as offering legal advice or a legal opinion. Most New Hampshire families know a friend or relative who has been involved in “probating an estate” of a friend or loved one.  However, confusion still persists about the probate process.Probate […]

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Estate Planning for Second Marriages

Question:  My spouse and I each have children from previous marriages. One goal of ours is to provide for the survivor of us when the first of us passes away.  We also want to have a plan that gives our respective estates to our children. What is the best way to make this happen? Answer:   This is a common […]

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Mass Estate Tax Avoidance

“Due to our firm’s proximity to Massachusetts, many of our firm’s Nashua area estate planning clients have family members who live in Massachusetts.  Our New Hampshire Estate Planning clients are surprised to learn that their family members who reside in Massachusetts when they die with more than $1 million in their “taxable estate,” will owe […]

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Can Creditors Reach “Inherited IRA” Accounts?

The short answer is:  Yes!  In the case of Clark v. Rameker, decided on June 12, 1014, the question before the U.S. Supreme Court was whether an individual retirement account (“IRA”) that an adult child had inherited from a parent could be invaded by the child’s creditors?  Although the case was a Bankruptcy law case […]

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Estate Planning For Business Owners: Your Business Should Have a “Will”.

Every business (small or large) should have a business succession plan supported by a properly drafted “buy-sell” agreement which acts like a “will” for your business.  A good business succession plan will utilize estate planning and business planning strategies such as trusts, business buy-sell agreements and other legal documents to increase the chances for the survival […]

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How do I Avoid a Will from Being Contested?

A will is one of the most important estate planning documents that trust and estate attorneys prepare for their clients. A will is more apt to be the subject of litigation than any other legal instrument. When an heir contests a will, it means they are trying to prove that the will is not fulfilling the wishes […]

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Dying with Dignity

The Vermont House of Representatives approved a bill that allows a physician to administer a lethal dose of medication to a terminally ill patient that meets specific criteria and who has gone through the safeguard procedures.  The bill was signed into law by Governor Peter Shumlin.  Vermont has become the fourth state to allow physician-assisted […]

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Do I need an estate plan? What if someone dies without a will?

“Dying intestate” means a person dies without a valid and operative will. All 50 states have enacted laws that determine where your property will go should you die intestate. If you fail to plan ahead, a judge will simply appoint someone to handle the probate of your estate (i.e. decision regarding the distribution of your […]

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