How “Special” or “Supplemental” Needs Trusts Impact Medicaid and SSI Eligibility

A “special needs trust” (or often referred to as a “supplemental” needs trust) is a trust used for people who have a disability that will allow them to qualify for public assistance benefits such as Medicaid and Supplemental Security Income (SSI). When a person applies for Medicaid and/or SSI benefits, he or she must disclose […]

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 […]

Advanced Health Care Directives: Overlooked but Important Estate Planning Documents

“Advanced health care directive” is a commonly used term for a living will (a form of advance directive, leaving instructions for treatment) and a health care proxy (a specific type of power of attorney), in which a person authorizes someone (an agent) to make decisions on their behalf (the principal) when they are incapacitated. The […]

New Trust Court for Probate Division

Starting in January of 2014, the New Hampshire Circuit Court instituted a trust docket in the Probate Division. The trust docket allows the court system to recognize complicated trust cases where there may be significant assets and which could result in extended litigation. Over the last decade, there has been an effort to liberalize the […]

If You or a Loved One has Dementia, it May Not be Too Late to Sign a Will!

Family members or friends often discourage those with dementia from seeking legal advice because they feel that the person is not capable of doing planning or executing documents. In many instances that is not the case and the individual does have enough mental capacity to sign a will. In New Hampshire for a will to […]

New Year’s Resolutions You Can Keep

As we enter the New Year, the tradition is to make resolutions. Many of us will try to eat better, exercise more, and try to do all the things we have put off for too long. Many of us will fail and resolutions will be broken. However, there are some resolutions that are easier to […]

Setting up a Special Needs Trust for your Disabled Child.

Advance planning by parents can make a big difference in the life of the child with special needs, as well as for siblings who may be left with care taking responsibilities. A critical aspect of the planning is to arrange for the smooth transition of the guardianship to a successor. A Special Needs Trust is a […]

Inheriting an Individual Retirement Account

Many decisions need to be made when inheriting an Individual Retirement Account (IRA), including the time frames for making these decisions and the related income tax issues. The following is a list of the key issues: First, it is important to obtain a copy of the beneficiary designation on file with the financial institution where […]

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 […]

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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I was referred to Jack White by a friend who hired him to represent her during her own divorce. I was going through some very rough times trying to prepare the documents I needed to file my own divorce case. I had asked Jack if he could take some time to look over the paperwork and “spot check” my work. I am SO glad I did. Jack was very knowledgeable in his field and very professional. I can’t thank him enough for taking the time to set me on the right path and to answer my legal questions. I would highly recommend him and the entire Welts, White and Fontaine staff to anyone in need of legal assistance.”
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