Nashua estate planning client has concerns…

…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 control and access to the […]

Nashua, NH: Concerns About Estate Taxes and Business Succession Plan

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 closely held business that is […]

Business Succession Planning, Nashua, New Hampshire

A Nashua, New Hampshire business owner has concerns about business succession planning for her family business. A business owner who is nearing retirement age recently asked what were some initial issues to consider, right now to help to transition her successful small business to her children. The following are some basic questions all business owners […]

Merrimack, NH estate planning clients

…have questions regarding treatment of the primary home, trusts and jointly owned property in elder law/nursing home context. Many of our estate planning clients have elderly family members who are confronted with the possibility of nursing home care. Questions regarding specific types of assets and Medicaid qualification are common. In New Hampshire, any real estate, […]

Amherst, New Hampshire estate planning clients…

…have questions and concerns about Joint Ownership of property and accounts in their estate plans. In joint ownership, two or more persons share an undivided fractional ownership in property with rights of survivorship. This mechanism is effective for avoiding probate, because the property passes automatically upon the death of one joint owner to the surviving […]

Nashua area estate planning clients have questions about transferring the family home to a “Child Care Giver”

In general, a transfer of the family home without consideration (i.e. a gift) within 5 years of an application for Medicaid will make the parent ineligible to receive Medicaid based nursing home care. One very important exception is the “Caregiver Child Exception”. Pursuant to 42 U.S.C.A. 1396p (c) (2) (A) (iv), the period of ineligibility […]

Nashua area estate planning clients what to do with the family home …

…when one of their parents is confronted with the possibility of nursing home care. When parents are confronted with the prospect of one spouse entering into a nursing home there are, naturally, a great deal of concerns and questions to answer. There are some options such as home based care, adult day care, and other […]

Common Estate Planning Mistakes (and ways to avoid them)

1. Not reviewing and updating your estate plan. You should periodically review your estate plan to make sure it reflects your current wishes. Failing to address changes in the law or in your financial and family situations can result in unnecessary taxes, family conflicts, and unintended people receiving a significant part of your estate. If […]

An Amherst, NH client asks: Is a New Hampshire Asset Protection Trust the right estate planning option for my Estate?

The primary benefit of asset protection trusts is the ability to shield assets placed in a qualified asset protection trust from creditors. Transfers made to the trust are irrevocable, but the transferor may retain significant benefits and control, including the right to continue to receive trust income, control over dispositions, and control over investment decisions. […]

A Merrimack Client asked: How Do I Select an Appropriate Guardian For My Minor Children?

This blog is intended for informational use only. The information contained herein should not be construed as offering legal advice or a legal opinion. A Merrimack, New Hampshire estate planning clients asked about the selection of a guardian in their wills. Appointing a guardian for minor children can be a challenging decision. The following information […]

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Nashua estate planning client has concerns…