Newport Estate Planning Lawyer, New Hampshire

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Includes: Gift Taxation

Carl D. Hanson

Tax, Income Tax, Estate Planning, Wills
Status:  In Good Standing           

Chandler R Wells

Real Estate, Private Schools, Estate Planning, Federal Appellate Practice
Status:  In Good Standing           

Nicholas C. Burke

Estate Planning, Electronic Commerce, Landlord-Tenant, Corporate
Status:  In Good Standing           

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

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800-943-8690

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LEGAL TERMS

DEVISEE

A person or entity who inherits real estate under the terms of a will.

CHARITABLE TRUST

Any trust designed to make a substantial gift to a charity and also achieve income and estate tax savings for the person who creates the trust (the grantor).

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)
A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)
A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)
A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

SURROGATE COURT

See probate court.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)
An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

SAMPLE LEGAL CASES

In re Salesky

... In preparation for this estate planning, the petitioner was examined by Dr. Phat Nguyen, who opined that he was "competent to make his own decisions in all regards.". Following the petitioner's stroke, the respondent disbursed significant cash assets. ...

IN RE GUARDIANSHIP OF DOMEY

... to be covered. Larrie Bratko then filed a motion to liquidate Donald's assets in order to pay the Greenbrier bills, which the court granted. In April, Judith filed petitions for spousal support and estate planning. The co-guardians ...

IN RE GUARDIANSHIP OF PHUONG PHI THI LUONG

... Apart from entitling the statute "Estate Planning by Guardian," the legislature clearly demonstrated that it is the guardian's responsibility to draft the ward's estate plan by stating that "[t]he probate court may authorize the guardian of the estate to plan for the testamentary ...