Center Barnstead Wills & Probate Lawyer, New Hampshire

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Includes: Estate Administration, Living Wills, Wills

Don Nary

Family Law, Wills, Traffic, Divorce
Status:  In Good Standing           

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Caroline Smith

Real Estate, Wills & Probate, Divorce & Family Law, Criminal
Status:  In Good Standing           Licensed:  26 Years

Ethan G. Wood

Land Use & Zoning, Wills, Trusts, Civil Rights
Status:  In Good Standing           Licensed:  9 Years

Jeremey Miller

Foreclosure, Wills & Probate, Bankruptcy, Personal Injury
Status:  In Good Standing           

Joyce Mckenna Hillis

Estate, Wills, Trusts
Status:  In Good Standing           Licensed:  18 Years

Karyn P. Forbes

Electronic Commerce, Municipal, Wills & Probate, Bankruptcy
Status:  In Good Standing           

Mark E. Beaudoin

Commercial Real Estate, Wills & Probate, Environmental Law, Business
Status:  In Good Standing           

Michael Paul Panebianco

Litigation, Wills, Trusts, Estate Planning
Status:  In Good Standing           Licensed:  29 Years

Nathan R. Deleault

Real Estate Other, Immigration, Wills & Probate, Trusts
Status:  In Good Standing           

Raymond Peter D'Amante

Commercial Real Estate, Land Use & Zoning, Litigation, Wills & Probate
Status:  In Good Standing           Licensed:  56 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

AUGMENTED ESTATE

In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used on... (more...)
In general terms, an augmented estate consists of property owned by both a deceased person and his or her spouse. The concept of the augmented estate is used only in some states. Its value is calculated only if a surviving spouse declines whatever he or she was left by will and instead claims a share of the deceased spouse's estate. (This is called taking against the will.) The amount of this 'statutory share' or 'elective share' depends on state law.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

CREDIT SHELTER TRUST

See AB trust.

BANKRUPTCY ESTATE

All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankrup... (more...)
All of the property you own when you file for bankruptcy, except for most pensions and educational trusts. The trustee technically takes control of your bankruptcy estate for the duration of your case.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

GRANT DEED

A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as descri... (more...)
A deed containing an implied promise that the person transfering the property actually owns the title and that it is not encumbered in any way, except as described in the deed. This is the most commonly used type of deed. Compare quitclaim deed.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)
A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

SAMPLE LEGAL CASES

In re Salesky

... protect his interests.". The Saleskys filed a petition for guardianship, which the probate court granted on August 11, 2005. The probate court appointed them as co-guardians over the petitioner's person and estate. The court rejected ...

In re Guardianship of GS

... HICKS, J. The appellant, GS, appeals from the order of the Merrimack County Probate Court (Hampe, J.) appointing a guardian over his person. We affirm. ... At the hearing on the petition, the probate court heard testimony from GS's treatment team. ...

Foley v. Wheelock

... In this action to partition real property, the petitioner, Richard N. Foley, appeals an order of the Rockingham County Probate Court (O'Neill, J.) allowing the respondent, Timothy S. Wheelock, to purchase the subject property after an unsuccessful public auction at a lower price ...