If you or a loved one needs assistance writing a will, probating a will, accessing trust property or setting up a trust, contact Burns, Bryant, Cox, Rockefeller & Durkin, P.A. today. Our Dover and Portsmouth wills and trusts attorneys have extensive experience representing clients in all areas related to wills and trusts, and we can put our extensive knowledge to work for you.
New Hampshire will and trust laws
While wills and trusts are often grouped together in estate planning language, they are two different planning tools that may have different results when utilized.
A will is used to dictate who your probate assets should be distributed to upon your death and to indicate your wishes after you are deceased. It is an enforceable legal document as long as it has been written to follow the requirements given by the state of New Hampshire. When you die with a will in place, your probate assets and their titles are then transferred in a process called probate.
A trust is a separate process. It changes the ownership of your items to the trust itself. For example, you may own a property and place it in trust. You are transferring the ownership of that property to the trust, and you can designate beneficiaries who will benefit from, and have access to it.
Trusts are managed by trustees. They control assets, and ensure that the trust operates as planned. Trusts can be created to split ownership while you are still alive, or to allow for ownership of only some items to pass to a different beneficiary. When an item is owned in trust, it may not need to go through the probate process upon death, since the deceased may technically not be its owner.
The help you need
Wills and trusts can be difficult to understand, so it is a good idea to contact us. Attorneys Christine Rockefeller, Matthew Cox and Sarah Lavoie can help you understand all the complicated legal processes involved. Our wills and trusts attorneys can walk you through this troubling time, and explain all the legal options available to you and your family. Whether you are creating a will or trust, challenging one, or inheriting from one, we can help. We serve the people of Dover and Portsmouth in all types of estate matters.
