First and foremost, just because you have been named in someone’s Will as the Executor of their Estate does not mean that you are automatically the Executor as soon as that person has died. Being named in someone’s Will as their Executor only means that you have been nominated. The probate court must appoint you as the Executor before you have … [Read more...]
Highways to Summer Cottages – A Primer
For certain Class V highways providing access to seasonal residences, municipalities may elect not to maintain those roads during the winter, which is defined as December 10 to April 10. (More on these dates in a moment.) Since 1989, municipalities may make this election in one of two ways: 1) via the lay out process for any proposed new road or … [Read more...]
Are Customers of Extended Stay Hotels Tenants?
Apparently not. The question is important because New Hampshire tenants have statutory protections against forced removal not available to hotel guests. The New Hampshire Supreme Court addressed this question on March 8, 2019 in the matter of Natalie Anderson v. Adam Robitaille. Ms. Anderson and her husband began residing at an extended stay … [Read more...]
The Benefits of a Revocable Trust
Of all that has been written and discussed about what a revocable trust is and is not and how tax laws have changed to make revocable trusts applicable to more people, there is still more to be stated about how a revocable trust, under New Hampshire’s laws, can benefit you and your family. In a discussion of how a revocable trust can benefit … [Read more...]
The Neighbor from Hell
A True Story from Fitzwilliam, NH In 2012, Lorraine and Peter MacDonald purchased a vacation home by the water in Fitzwilliam, New Hampshire - an "idyllic" spot. Unbeknownst to them, hell lay just around the corner. As reported in the recent New Hampshire Supreme Court decision of MacDonald et al. v Jacobs (January 15, 2019), one Lisa Jacobs … [Read more...]
What is Property?
Property is anything that is owned by a person or company. It can be bought, sold, traded, stolen, or destroyed. Property can be owned by a single person, or jointly between two or more people. Tangible items such as a car, books, clothes, DVDs, or that collection of weird looking clowns are considered personal property. Real estate or real … [Read more...]
The Hermit and the Deed (No Good Deed Goes Unpunished)
Perley E. Swett was a well-known hermit who lived in Stoddard, NH. He passed away in 1973. During his life, various people appear to have helped him out, one being a gentleman named Quentin H. White. Beginning in 1968, Mr. White visited Mr. Swett regularly, delivered groceries, handled bank transaction, and took Mr. Swett to visit his … [Read more...]
The Changing Tides of the Market: The Effects of Rising Sea Levels on New Hampshire Properties
The concept of rising sea levels has become more common in American news over the past decades, and has become a consistent point of concern for politicians and civilians alike. Many news outlets focus on changes that need to be made to slow or halt rising sea levels to prevent future catastrophes from taking place. But while there is much concern … [Read more...]
Lost in Legal Lingo? Our Top 3 Legal Terms in Popular TV and Movies, Explained
Law and legal television programs and movies have long been a favorite with American viewers. From shows like Law and Order to blockbuster hits like Double Jeopardy, legal jargon has been a long-standing staple in entertainment—often at the confusion of viewers. Here’s a list and explanation of our top 3 legal terms in popular TV and movies to help … [Read more...]
What is an Emergency Lane?
Both Class V and Class VI roads are public roads, meaning the entire traveling public have the right to use them. The big difference between the two is that municipalities have the obligation to maintain Class V roads, but not Class VI roads. Maintenance can be expensive, so municipalities often try to keep the number of Class V roads to a … [Read more...]