Portsmouth Office
One New Hampshire Avenue, Suite 125
Portsmouth, NH 03801
USA
Tel. (603) 766-1910
Fax. (603) 766-1901
mailbox@biz-patlaw.com
Mesmer & Deleault, PLLC
Business, Patent, Trademark, Estate Planning, and Litigation Attorneys
Manchester Office (Main Office)
41 Brook Street
Manchester, NH 03104
USA
Tel. (603) 668-1971
Fax. (603) 622-1445
mailbox@biz-patlaw.com
Prevention is better than cure.
TM
Copyright 2009-2018 Mesmer & Deleault, PLLC, all rights reserved.
New Hampshire: The Trust State - Not all states are trust friendly. New Hampshire is - intentionally. In 2006, NH passed the Trust Modernization and Competitiveness Act. This provided a new level of flexibility not available in other states for trust administration. And NH continues to update its trust laws to evolve and improve. Among the benefits allowed: . . .

Estate Planning for Your Cryptocurrency - Most people know of a cryptocurrency called Bitcoin, but Bitcoin is not the only one. Cryptocurrency is like money, but the investment is out on the internet. How do you pass down these assets in your estate plan? . . .

How Life Insurance May Affect Your Medicaid Eligibility - Medicaid eligibility in New Hampshire requires the applicant to have no more than $2,500 in countable assets. The rules for calculating assets can be complex as not all assets are "countable" depending on the nature of the asset . . .

The License to Sell Real Estate in Probate Estate Administration - Most probate estates are relatively modest in value and do not have many complicated assets. The big asset is usually the house. One important step for the estate fiduciary is to clean out and sell the house. The estate fiduciary is . . .

Caring for the Folks - When Mom and Dad get older, sometimes they need in-home care. They might not want to go into a nursing home. Sometimes a family member will come over or move into the house to care . . .

Pretermitted Heirs - Wills and Trusts - Sometimes in estate planning, a testator (the person making a will) or a grantor (the person making a trust) will prefer not to leave anything to a family member such as a child who has lost favor or for any other reason. When the time comes to administer . . .

Constructive Trust - There is a case pending in the Cheshire County New Hampshire Probate Court in which young Nathan Carman is accused of murdering his grandfather to obtain a big inheritance. His aunts who are pressing the case also allege that Nathan is responsible for the death of . . .

Medicaid Liens - When you or someone you know receives financial or medical assistance through Medicaid, whether for nursing home coverage or for Old Age Assistance, Aid to the Needy Blind or Aid to the Permanently and Totally Disabled, you can expect that the State will try to recover that cost. Enter the Estate . . .

The Irrevocable Trust - Many people are aware that the revocable living trust avoids probate, making revocable trusts popular for that reason and other reasons. The irrevocable trust is also interesting and often promoted as a method to protect assets from taxes and the cost of long-term care . . .

The Durable Power of Attorney - Every estate plan should include a Durable Power of Attorney (DPOA). Durable means it will still be effective in the event of incapacity, which is usually when it is needed most. The DPOA is only good as long as you are alive; it is void at time of death . . .

Estate Planning - Why Bother - You are administering your estate every day. If you become disabled or dead, you won't be able to continue this administration. Someone else will have to do it. Your property will be in the hands of . . .

When a Minor Child Receives a Big Inheritance - Actually, a minor child cannot receive an inheritance. The money has to be set aside
until the child reaches the age of majority, which is age 18. If the inheritance is a lot of money, people might . . .

Digital Estate Planning - Estate planning arranges for the transfer of assets in anticipation of death. Assets are typically categorized as
either real or personal property; real being real estate and personal being everything else. The technological advancements . . .

The QTIP Trust for Blended Families and Millionaires - Estate planning for couples with children by earlier marriages can be a delicate business. Spouses
generally want to leave their estates to each other and then to their own children, but . . .

Trust Administration - A revocable Trust is a popular estate planning vehicle these days and is usually established by a Grantor Trustee.
When the Grantor Trustee dies, resigns or otherwise is no longer . . .

Estate Planning for Your Digital Assets - Dave died unexpectedly. He was in the process of planning to pass his construction business on
to his son, Mark, who had recently closed up his own construction business to start working with Dave. This small business was basically the . . .

Important Changes Coming in 2013 - Limited liability company changes and estate & gift tax changes: With significant statutory changes on
tap for 2013, Members and Managers of LLC's should . . .

Legal Documents of NH - Mesmer & Deleault, PLLC is pleased to announce the launch of our new website: www.legaldocsnh.com. Linked
to our existing website, Legal Documents of NH was established to help our clients easily purchase documents online. . .

The Nominee Trust - To help avoid probate, among other benefits, many people create revocable living trusts for their estate planning.

The Self-Proving Will - Years ago, all wills needed to be proved in the probate court. This means that after the maker of the will (the Testator)
died, one of the witnesses to the will would have to come to the probate court.

Medicaid Eligibility Rule Changes - Medicaid is the part of the Social Security system that pays for long-term care, such as nursing home care.

The New Health Care Power of Attorney -
Many years ago, the Karen Quinlan case led to the Living Will. Karen was in a car crash, brain dead,
kept alive artificially by medical personnel.

Medicaid Planning - Long-term care in a nursing home or a hospice can be expensive. Usually costing more than $6,000 per month, this can
cost $70,000 to $100,000 or more per year.

The Family Limited Partnership - The family limited partnership (FLP) is an estate planning vehicle that can provide asset protection and tax
benefits.


The Living Trust Avoids Probate -
In 1980, an estate planning consultant wrote How to Avoid Probate. Author Norman Dacey was not a lawyer
and he did not like the way some lawyers got big legal fees for probate work.

The Probate Process - In estate planning, there often arises this question: whether to try to avoid probate. Probate can be avoided by using the
revocable living trust. But what is it that people are trying to avoid?

Estate Planning Documents: Things you should know! - Regardless of the size of your estate, everyone needs to plan ahead with estate
planning documents. Estate planning documents include wills, revocable trusts, powers of attorney, living wills, and durable powers of attorney for
health care.

Advance Directives - Advance directives are estate planning tools that can provide instructions for certain lifetime contingencies.

Do you have a Will? Should it be updated? - Everyone should have a Will, regardless of the size of their estate. In your Will, you can name the
beneficiaries of your estate. Without a Will, your property passes according to State laws that might not be consistent with your intent. Your Will
names the person you would like to administer your estate, your executor (or executrix). Without a Will, the probate court will appoint someone,
possible someone you might not prefer.

Estate Planning Documents: Things you should know! - Regardless of the size of your estate, everyone needs to plan ahead with estate
planning documents. Estate planning documents include wills, revocable trusts, powers of attorney, living wills, and durable powers of attorney for
health care.

Irrevocable Insurance Trusts - Send your Kids a Crummey Letter - People who have revocable living trusts understand the unified credit
shelter. The trust provisions allow a couple to pass up to $1.2 million of property free from federal estate and gift taxes. But what if the estate is
worth more than $1.2 million?

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