New Hampshire Laws of Intestacy
1. If a decedent is survived by a spouse and issue.
A) N.H. Rev. Stat. Ann. § Section 561:1(2004)
If a decedent is survived by a spouse AND issue the surviving spouse shall receive the first $250,000, plus 1/2 of the balance of the estate, and the issue shall received everything else (remainder). If there are surviving issue of the decedent whom of which are also issue of the surviving spouse as well as issue of the surviving spouse who are not issue of the decedent the spouse gets the first $150,000, plus 1/2 of the balance of the intestate estate; as the rest to the issue. If there are surviving issue of the decedent whom many not be issue of the surviving spouse, the surviving spouse receives the first $100,000, plus 1/2 of the intestate estate, and everything else to the issue.
As compared to N.Y. Est. Powers and Trusts Law section 4-1.1 (McKinney 2013) surviving spouses receive less than New Hampshire surviving spouses. Surviving spouses receive the first $50,000.00 and 1/2 the decedent’s estate. Issue take the remainder.
B) If a decedent is survived by no spouse or issue.
N.H. Rev. Stat. Ann. § Section 561:1(2004)
If there is no surviving spouse or no surviving issue the estate of the decedent passes to the decedent’s parents equally.
As compare to New York Estates, Powers and Trust Laws if there is no surviving spouse or issue, as stated above the estate passes to the decedent’s parents.
2) Holographic and/or nuncupative wills:
N.H. Rev. Stat. Ann. § Section 551:15&16
Nuncupative wills are allowed in the state of New Hampshire to a soldier in actual military service, or a mariner or seaman at sea. Personal property and items may be placed in the nuncupative will. Any personal estate bequeathed exceeding $100 in value will not be valid, unless the testator along with 3 witnesses are present ( must be requested testator) , in the testators last days or 6 months from when the testator had made the will.
As compared to New York Estates, Powers, and Trust Law Section 3-2.2 (McKinney 2013) its the same as New Hampshire, except that N.H doesn’t cater too the civilians accompanying the armed forces over seas. The amount of time allotted to changed the will when they return differs too, there is no time restraint given to either armed forces or seaman as compared to NY Law which they only have a year (armed forces and seaman) after being discharged to change their will.
3) Witnesses
N.H. Rev. Stat. Ann. § Section 551:2
For the will to be valid it must be signed by 2 or more credible witnesses
It is the same for York New, they also require two witnesses to sign a will for validity.
4) The second largest city in New Hampshire is Nashua with an estimated population of 86,586.
Welts White & Fontaine P.C is an Estates and Wills, probate and estate planning law firm
http://lawyersnh.com/practice-areas/wills-estate-planning/
5) An appraisal service in Nashua, NH
Yanco Appraisal Service, LLC
(603) 930-1044
71 Split Brook Rd, Suite #409, Nashua, NH 03060
View Additional Email Addresses
6) The court that handles Probates in Nashua is the
NH CIRCUIT COURT
9th Circuit – Probate Division – Nashua
http://www.courts.state.nh.us/courtlocations/hillsprobdir.htm
7) Any student wishing to obtain their Associates in Law and Paralegal would attend Nashua Community College and graduate with a AAS degree in Legal Assistant/Paralegal Studies. The tuition in state cost is $5,856.00 per semester. Which is similar to what we pay at Tech per semester. Nashua Community College is surprisingly one of the best colleges in the state, apart from the fact that it caters specifically to Legal Assistant/ Paralegal majors and not PolySci majors.
