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Will I Automatically Inherit My Husband’s House?

With no New Hampshire estate plan in place, your family could be exposed to serious issues with housing. Depending on how the home is owned and deeded, it might become a thorny part of your NH probate.automatically

Many people cannot afford to make estate planning mistakes that would jeopardize their ability to let their loved ones move on during this very difficult time. This is where the support and experience of a knowledgeable estate planning lawyer can be instrumental in protecting those interests. Naming someone on a deed is one possible way to transfer property to them but smart estate planning can make this process easier and minimize some of the problems.

Part of this will also depend on whether or not they have put together a will. A will allows you to name who will receive your property if something happens to you. With no will, even naming someone on the deed does not necessarily mean it will automatically transfer to them. If your home is “split” between your spouse and children and they don’t all agree as to what happens to it after you pass away, this can cause conflict, too.

If your spouse has surviving children from a previous marriage, this would mean that you may not be eligible to inherit the entire estate. Having a will that clearly stipulates who receives what and how can help you avoid these kinds of problems. Set aside a time to speak with an estate planning lawyer today if you own real property and would like to protect it or pass it on to a specific loved one.

If you need assistance with creating a NH estate plan addressing your needs, schedule a call with our office today.

 

 

What Is the Difference Between Intestate and Probate?

When you pass away without a will, you are said to have died intestate. This means there is no documented plan for what will happen to your assets. In these cases each state has specific rules about who will receive your assets and how those will be divided. This is a leading reason why it’s important to set aside a time to meet with an attorney to create a will.

There’s plenty of confusion between the concepts of intestate and probate. These two ideas refer to different things. For example, intestate refers to dying without a will and what happens if the court disproves a will. If the will is not approved by the court, then the decedent could also have been said to have passed away intestate. Probate, however, is the process of verifying or proving the authenticity of a will in court and the plan for disposing of assets in the manner desired by the person who created the will. Probate will also refer to the court’s function in distributing any assets inside your estate if you pass away without a will.

The will is used to direct your personal representative on how to distribute your assets but if one does not exist then a judge will distribute your assets in a manner that is consistent with state law.

In New Hampshire, your estate will go entirely to your children if you don’t have a surviving spouse. It gets more complicated following a formula if you have both a surviving spouse and children from that or another marriage.

To avoid the mismatch of intestate succession with your existing estate plan desires set aside time to speak with an estate planning attorney in NH.