Effective January 1, 2018, NH adopted a version of the Uniform Power of Attorney Act. One of the more important provisions under the new law is that banks and financial institutions are prevented from arbitrarily refusing to accept powers of attorney. Bank and investment company refusals to accept powers of…
Q: Estate planning client has concerns about whether her former spouse can still inherit her assets? A client had been through a divorce several years before coming to our office for a will, trust and some business transition strategy advice. During marriage she had built up a profitable business, and…
Is an LLC a good way to hold and transfer the family vacation home? Since family vacation homes often provide a refuge for family members to gather and enjoy one another’s company, parents are often in search of ways to keep these properties in the family. Before implementing such planning,…
This question was posed by a Nashua area probate client who recently lost a close friend. Unfortunately, his friend died without a will or any immediate family members. When a person dies owning property in his own name and has no Will, the property left behind must pass through probate…
Amherst estate planning client wants to know: How do Hillary Clinton and Donald Trump differ on the Estate Tax? Donald Trump wants to repeal the estate tax. Hillary Clinton, on the other hand, would increase the estate tax rate and lower the threshold at which it kicks in, from $5.45…
We recently had a Nashua business owner voice concerns about how to avoid “business probate". There are a variety of methods of providing a smooth non-probate succession for small business owners.If there are multiple owners, then there should be buy-sell agreements embedded in the governing documents: LLC Operating Agreement; Shareholder…
Nashua business planning client owning several rental properties has concerns regarding being caught in New Hampshire’s real estate transfer tax (RETT) net. Can property be transferred from a joint tenancy with rights of survivorship to a newly created LLC for added liability protection and administrative ease? Can real estate held…
“I’m too busy running the company” - “That’ll never happen to me” Some all too common refrains uttered by hard working business owners are: “I’m too busy running the company” and “That’ll never happen to me.” In our firm’s estate planning/business planning practice it is evident that most New Hampshire…
...about the use of an irrevocable trust and qualifying for Medicaid. Many clients have legitimate concerns about the use of an irrevocable trust in their estate plans. In short, the use of irrevocable trusts should be used only in those situations in which the client is prepared to give up…
Nashua Small Business Owner has Concerns About How Estate Taxes Will Affect His Business Succession Plan. Estate taxes and proper estate planning are an important consideration for all New Hampshire closely held business owners. A successful small business recently asked how the IRS will establish “fair market value” for their…