Craighead & Martin, PLLC Craighead & Martin, PLLC 2026-08-16T04:00:07Z https://www.craigheadandmartin.com/feed/atom/ WordPress /wp-content/uploads/sites/1504789/2025/11/cropped-favicon-craighead512-1-32x32.png On Behalf of Craighead & Martin, PLLC <![CDATA[Protecting your children’s inheritance in a blended family]]> https://www.craigheadandmartin.com/?p=46747 2026-08-13T13:55:56Z 2026-08-16T04:00:07Z Name every intended beneficiary Consider identifying each child by full legal name and stating the gift or share that person should receive. Do not rely only on phrases such as “my children.” Under intestate succession rules, stepchildren do not automatically inherit unless a will or trust names them. In New Hampshire, this rule means a nonadopted stepchild generally receives no automatic share when a stepparent dies without an effective plan.

Separate spousal support from later gifts

A trust can support your surviving spouse for life and reserve what remains for named heirs. For example, a qualified terminable interest property trust generally gives your surviving spouse all income for life. After that spouse dies, the remaining property can pass to the children you named. Clear terms can also limit the survivor’s power to redirect those funds later.

Use insurance to balance unequal assets

Some property cannot be split with ease. Suppose you want your spouse to stay in the family home, but you also wish to provide for children from your first marriage. Life insurance paid to them can offset the house’s value. A separate policy could give stepchildren a similar sum without forcing a sale. This approach may also reduce the need to sell the home.

Choose neutral oversight and align documents

An independent trustee can manage competing interests without the loyalties that burden a relative. You can also review account beneficiaries, property titles and any prenuptial or postnuptial agreement. These records often control assets outside a will, so conflicting terms could defeat an otherwise careful plan.

How precise terms can protect your family

A detailed estate plan may explain how each child will inherit. Review the arrangement after a marriage, divorce, birth, adoption, death or substantial financial change. During that evaluation, an estate planning attorney can identify conflicts, explain spousal rights and discuss possible tax effects. This guidance may keep your beneficiary forms, ownership records and trust provisions consistent with your wishes.]]> On Behalf of Craighead & Martin, PLLC <![CDATA[Inside Manchester Probate Court: What to expect and how to avoid it]]> https://www.craigheadandmartin.com/?p=46743 2026-08-13T12:43:24Z 2026-08-13T08:36:40Z a loved one can bring enough hardship without the added confusion of a court process. When a loved one or family member dies, some of their assets may go through probate. Knowing what the Manchester Probate Court may handle can help you understand the process and consider legal options that could keep some assets out of court.

How the Manchester Probate Court processes an estate

The Probate Division oversees the transfer of certain property after a person dies. The court may also help ensure the estate pays valid debts and distributes remaining assets to the appropriate people. In New Hampshire, estate matters go through the Circuit Court Probate Division, including the 9th Circuit Court Probate Division in Manchester. The court may oversee several key tasks such as:
  • Validating the deceased person’s last will
  • Appointing an executor or personal representative to manage the estate
  • Cataloging, inventorying and appraising property subject to court supervision
  • Notifying potential creditors and resolving outstanding estate debts
The timeline can differ based on the size of the estate, the assets involved and any disputes that may arise. Some probate cases may take six months or longer to resolve, which could delay distributions to family members.

Why many families choose to bypass the probate process

New Hampshire allows people who are at least 18 years old or married, and of sound mind, to dispose of their real and personal property through a valid written will. However, having a will does not necessarily keep an estate out of probate. A will generally directs how assets should pass, while the court may still oversee the estate administration process. Probate records may also become available to the public. Depending on the case, those records could include information about assets, debts and beneficiaries. Court costs and other estate expenses may also reduce the amount available for beneficiaries. Fortunately, several estate planning tools could help some assets pass outside probate:
  • Creating and funding a revocable living trust to hold certain assets
  • Naming payable on death or transfer on death beneficiaries for eligible accounts
  • Holding real estate or bank accounts jointly with rights of survivorship
These options may allow certain assets to transfer without court supervision. They may also help reduce delays and limit the amount of personal financial information that enters the probate record.

Taking control of your family’s legal legacy

Your estate may include property, financial accounts and personal belongings. Your family situation may also affect which planning tools make sense. Proper estate planning could help your loved ones avoid some probate steps and reduce delays after your death. Understanding how New Hampshire probate works can also help you make informed choices about how your assets may pass to the people you care about.]]> On Behalf of Craighead & Martin, PLLC <![CDATA[Passing down the Lake Winnipesaukee cabin: How to keep the family cottage from tearing your kids apart]]> https://www.craigheadandmartin.com/?p=46741 2026-06-02T14:21:07Z 2026-06-02T14:07:03Z For many New Hampshire families, the cabin on Lake Winnipesaukee represents something far bigger than a piece of property. It holds decades of summer memories, campfire nights and traditions that feel irreplaceable. But when the time comes to pass that cabin down to your children, the dream of keeping it in the family can quickly collide with a difficult reality. Without a clear legal plan in place, what once brought your family together could end up driving your kids apart.

Why co-ownership without a plan can tear families apart

Adult siblings rarely see eye to eye on everything, and shared property has a way of bringing those differences to the surface fast.
  • Conflicting goals: One sibling may want to hold onto the cabin forever while another needs cash and pushes to sell, creating an immediate and painful standoff.
  • Unequal financial contributions: When one sibling pays for a new roof or costly repairs and another contributes nothing, resentment builds quickly and quietly.
  • Scheduling disputes: Without a clear system for dividing time at the cabin, summer weekends can become a source of tension rather than joy.
  • Deferred maintenance disagreements: Siblings often disagree on what repairs are necessary and who should foot the bill, leaving the property to deteriorate while the argument drags on.
New Hampshire families have real legal tools available to prevent these conflicts before they start.

Legal tools New Hampshire families can use to protect the cabin

A little planning now could save your family from years of conflict and costly legal battles down the road.
  • A family LLC treats the cabin like a small business, setting legally binding rules for scheduling, expense splitting and how a sibling can buy out their share if they want to exit
  • A revocable trust keeps the property out of probate, allows you to dictate how the cabin gets managed and gives you the flexibility to make changes during your lifetime
  • An irrevocable trust offers stronger protection from creditors and estate taxes while locking in your instructions for how the property should be handled after you pass
  • Both a trust and an LLC can set aside dedicated funds for maintenance and taxes so your kids are not immediately reaching into their own pockets to keep the cabin running
The right structure depends on your family's specific situation and goals. Protecting the cabin your family has cherished for generations starts with a solid estate plan, not a conflict. Having the right legal roadmap in place could mean the difference between a legacy that brings your kids together and one that pulls them apart.]]>