Concerns About the Continuation Of Business

Nashua business owner has concerns about the continuation of her business after her death by her loved ones and how to avoid probate. The probate process can be especially complicated and expensive for a business. It can be quite a process to petition the court for an expedited appointment of an executor, administrator (or other […]

Which Assets Will Go Through Probate?

Nashua Estate Planning Client Asks One of the key questions to address during any discussion about estate planning and probate is to understand the difference between probate and non-probate assets. Probate is the process through which a court determines how to distribute someone’s property after they die. Assets that are distributed to heirs through the […]

Do I Need To Go To Probate Court?

My Parent Died In Nashua Owning Real Estate, Do I Need To Go To Probate Court? Yes, if the deed to the real estate was in your parent’s name only. When a person dies owning real estate in his/her sole name, then the real estate must go through the legal process of Probate Court administration […]

Hollis, New Hampshire Estate Planning Clients Ask:

What Are Motivating Factors For Estate Planning And Business Planning? A recent client consultation touched on the “whys” of estate planning and business planning. As in, what do most people want to accomplish when they come in to our offices? Here is my unofficial “top five” list. 1. Incapacity planning for an aging loved (including […]

Will Several Significant Changes To New Hampshire Laws Affect Your Estate Planning?

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 attorney are an increasingly common […]

Who administers an estate when there is no Will, spouse and no children?

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 before it can be transferred […]

Nashua Business Owner Questions Business Probate

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 Agreement; Partnership Agreement; These can […]

Nashua Business Planning Client Real Estate Transfer Tax Question

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 as “tenants in common” be […]

The small business owners lament…

“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 business owners have not reviewed […]

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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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Concerns About the Continuation Of Business