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A Practical Guide to Estate Planning in New Hampshire

Authoritative—nuanced—practical

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  • Product Number: 2120220B00
  • Publication Date: 2/5/2019
  • Edition: 1st Edition 2012, with 2019 Supplement
  • Copyright: © 2019 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    For the best practical information on drafting an estate plan in the State of New Hampshire, consider this powerhouse book as your first stop. The chapters of A Practical Guide to Estate Planning in New Hampshire combine expert guidance with clear, easy-to-understand pointers, supported by current law. Inside, you'll find information on New Hampshire's uniform trust code, its uniform principal and income act, and the unitrust election, along with tips on estate planning for special needs, for nontraditional family units, for gifts to grandchildren, charities, and for selfsettled asset protection objectives—and more. The authors and editors were carefully selected from a spectrum of private practices and academia to bring you their best practices, caveats, and explanations of some of the most complex concepts in estate planning law in the Granite State.

    Recent updates:

    • Update: January 2019

      Dear Subscriber:

      Thank you for choosing to keep your copy of A Practical Guide to Estate Planning in New Hampshire current with this 2019 supplementary material. Inside, you will find updated, practical information surrounding dozens of issues and developments, including, for example, the following:

      • Exclusion amounts—the "clawback" effect. See Chapter 2 for discussion of the impact of the Tax Cuts and Jobs Act of 2017 on tax exemptions related to estates. The chapter also addresses the implications of I.R.S. Prop. Reg. § 20.2010-1.
      • Nonprobate property addressed in will. See Chapter 3 for discussion of considerations surrounding nonprobate property passing outside the will. The chapter also contains suggested wording for a clause in the will wherein the value of any assets passing outside of the will are charged against the beneficiary's share of a specific bequest of the residuary estate.
      • Repeal of the qualified distributions in the Trust Act. See Chapter 4 for discussion of the replacement of the self-settled asset protection trust with a new law that only allows the creation of trusts that protect assets when certain conditions are met, including the condition that a grantor cannot make distributions to himself or herself. The chapter also addresses the question of what happens to preexisting self-settled asset protection trusts of clients in the event that a self-settled asset protection trust was funded before September 16, 2017, when N.H. Rev. Stat. Ann. § 564-D was repealed.
      • Durable power of attorney for health care. See Chapter 5 for updated information regarding durable powers of attorney, and how they are activated and revoked.

      We trust that you will find this information useful in your practice and valuable in your estate planning law library.

      Very truly yours,

      Maryanne G. Jensen, Esq., MCLE Director of Publications

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    Ethical Considerations in Handling an Estate Plan and Engagement

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    Exhibit 1A

    - Reminder Letter to Client Regarding Review of Estate Planning Documents Buy Form

    Exhibit 1B

    - Record of Services to Be Provided to Client Buy Form

    Exhibit 1C

    - Confidential Client Data Request Buy Form

    Exhibit 1D

    - [Reserved]

    Exhibit 1E

    - Drafts of Estate Planning Documents Buy Form

    Exhibit 1F

    - Execution Procedure for Durable Powers of Attorney and Living Wills Buy Form

    Exhibit 1G

    - Family Discussion Checklist Buy Form

    Exhibit 1H

    - Legal Fees and Billing—Information for Client Buy Form

    Exhibit 1I

    - Estate Planning Documents—Letter to Client Buy Form
    Chapter 2 expand

    Estate, Gift, and Generation-Skipping Transfer Taxes

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    Chapter 3 expand

    Exhibit 3A

    - Sample Will Buy Form

    Exhibit 3B

    - Pour-Over Will Provision: Pour-Over Residue to Own Trust Buy Form

    Exhibit 3C

    - Pour-Over Will Provision: Residue to Other Person’s Trust Buy Form

    Exhibit 3D

    - Revocable Inter Vivos Trust Buy Form
    Chapter 4 expand

    Creditors’ Claims Against Settlors of Irrevocable Trusts

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    Chapter 5 expand

    Exhibit 5A

    - New Hampshire Advance Directive Buy Form

    Exhibit 5B

    - New Hampshire Statutory Form; Durable General Power of Attorney Buy Form

    Exhibit 5C

    - Sample Durable General Power of Attorney Buy Form
    Chapter 6 expand

    Exhibit 6A

    - Legal Citations for the Practitioner Buy Form

    Exhibit 6B

    - Comparison of Three Social Security Programs (January 2018) Buy Form

    Exhibit 6C

    - Comparison of Medicaid and Medicare Buy Form

    Exhibit 6D

    - Trust Provisions for Distribution Plans and Standards Buy Form

    Exhibit 6E

    - Self-Settled Special Needs Trust Requirement to Reimburse Medicaid (“Medicaid Payback” Provision) Buy Form

    Exhibit 6F

    - Sample Trustee Power to Plan for Unanticipated Changes in the Law or Circumstances Buy Form

    Exhibit 6G

    - Sample Preamble and Introductory Paragraphs Buy Form
    Chapter 7 expand

    Estate Planning for Nontraditional Families

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    Chapter 8 expand
    Chapter 9 expand

    The Uniform Principal and Income Act & the Unitrust Election

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  • Editors & Authors
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