Blogs, Articles and Insight

Last Will and Trust

WHY DO YOU NEED A WILL?

With numerous celebrity deaths in recent months, you’ve probably heard a lot about Wills and Probate. And you’re probably aware of the problems that can arise when someone dies without a Will. Were you to die intestate – that is, without a Will – you won’t have an executor, who is the person who manages

Green "law" book

Can Probate Be Avoided?

The process known as Probate is essentially the filing of a lawsuit in Probate Court to settle an estate either according to the terms of someone’s Will or through the Laws of Intestacy, if they died without a Will. As Probate can be quite costly in terms of both time and money, this question often

Clipboard w Blank Check List stock Photo by Stuart Miles & freedital photos

HOLIDAY TO DO LIST

We know you don’t need to add to your holiday To Do list but when is there a better time to be thinking about your family’s future?  Creating a Will could be the best gift you give them.  A Will allows you to determine how your assets are distributed and who is going to be

“3d Man With Question Mark” by David Castillo Dominici

WHERE IS YOUR WILL?

You’ve had your will (or living trust) drawn up and have checked that task off of your “to do” list.  Where is it?  Who knows where it is?  And the same questions can be asked about your Power of Attorney, your Advanced Directive, Living Will and HIPAA Waiver. We receive numerous phone calls from people

Picture of a Will

WILLS IN 4 EASY STEPS

If you don’t have a will, or have one that is old, the thought of calling numerous attorneys to ask about the process and the cost can be overwhelming.  And if you are thinking about Revocable Living Trust, you may not have a clue where to begin.  Legacy Trust and Wills has made it our

Balancing the Checkbook.

WHAT IS A “POWER OF ATTORNEY”?

A “Power of Attorney” is a written authorization to represent or act on another’s behalf in private affairs, business or some other legal matter. This written authorization may also be referred to as a “Durable Power of Attorney” of a “Financial Power of Attorney”. The person authorizing the other to act is the “Principal” and

Set up a living trust

Trust Amendments – What are They?

A Trust Amendment is a legal document that changes specific provisions of a Revocable Living Trust but leaves all of the other provisions unchanged. A Revocable Living Trust is a legal contract between the Trust’s maker, called the Settlor or Grantor, and the Trustee, which may be changed at any time and requires the Trustee

Picture of a Will

Will Codicils – What Are They?

A “Codicil” is a document that amends, rather than replaces, a previously executed Will.  Amendments made by a Codicil may add or revoke small provisions (such as changing an executor or executors), or may completely change the majority – or all – of the gifts under the Will.  Each Codicil must conform to the same

Bungalow in Box

I just moved to New Hampshire…

…do I need new estate planning documents? Welcome to New Hampshire!  Chances are you will not have to have new documents created  due to the doctrine of “reciprocity”.  In essence, New Hampshire has laws that recognize the validity of estate planning documents executed in other states. 1)         Durable Power of Attorney.  RSA 506: 6, IX

Direction Trust Wills Arrows

WILL OR TRUST – WHICH ONE SHOULD YOU CHOOSE?

A Will and a Living Trust are two (2) separate and unique documents.  Consequently, there are several differences between them.  The most important difference is how these documents relate to Probate, which is the Court administered process by which the decedent’s assets are collected, their liabilities are liquidated, necessary taxes are paid and property is