Frequently Asked Questions (FAQ)

Does having a Will avoid Probate in New Hampshire? No. A Will is essentially your “letter of instruction” to the Probate Court. It guides the court on how to distribute assets held in your name alone, but the court process is still required to validate the Will and transfer those assets.

How can I avoid the Probate process? Probate can often be avoided by using a Revocable Living Trust. Additionally, assets with joint ownership (right of survivorship) or designated beneficiaries (like life insurance and IRAs) typically pass directly to the recipient without court intervention.

What is the difference between a Financial and Medical Power of Attorney? A Financial Power of Attorney allows a trusted agent to manage your money and property and to pay your bills if you are unable to do so. In New Hampshire, medical decisions are handled via an Advance Directive, which names someone to make healthcare choices if you become incapacitated.

How often should I update my estate plan? You should review your documents every 3–5 years or after major life events, such as marriage, divorce, the birth of a child, a move to a new state, or a significant change in your finances.