FAQ

Estate planning deals with one’s affairs after death, while at the same time helping to organize one’s affairs during life (see “Powers of Attorney” under the “What documents do I need?” question below). Without a will, a person’s assets are transferred according to the state’s intestacy laws; these laws may not reflect the way a given individual wants to distribute their assets. But an estate plan can be tailored to distribute your assets according to your wants and needs. With an estate plan, you can make specific bequests to leave given sums of money or items of value.

There is no set time period when one should regularly update estate planning; rather, it is prudent to do so when either one’s life circumstances change or the law changes. It is a good idea to check in when your situation changes, and at that time we can see whether the law has also changed. If you have moved to New Hampshire from out of state, it is probably a good idea to have your current estate plan reviewed to see if any local changes are needed.

Financial Power of Attorney: The most useful documents are those intended for use during your life. You can use a power of attorney for financial matters to appoint an agent to assist you in conducting business.

Advance Directive for Health Care: An advance directive for health care appoints an agent to make medical decisions if you are unable to do so. This document also gives your agent the ability to make end-of-life decisions for you.

Will: The basic document that someone needs to direct their affairs after their death is a will. A will appoints an executor, who gathers the individual’s assets and distributes them according to the wishes expressed in the will. A will can also appoint a guardian for minor children.

Trust: A trust is a tool that can be used for many different purposes. The purposes for which our clients find trusts most useful are to appoint a trustee to care for assets for minor children, to care for assets for someone who needs long-term care due to a physical or mental illness, and to most economically manage taxes. Because tax laws are currently fluctuating, we also can create documents that give a surviving spouse the option of using a trust or not, depending on the tax landscape at time the estate is probated.

Asset protection is a means of ensuring that your assets are preserved for your benefit during your lifetime, and ultimately transferred to your family members and others you care about. We help you to achieve this goal through setting up simple and more complex trust arrangements, avoiding probate, and minimizing inheritance taxes.

Medicaid planning is a form of asset protection planning focused specifically on ensuring the maximum possible preservation of your assets in the event you or your spouse needs nursing home care.

Family owned businesses face unique problems due to the complexities of family relationships. Frequently, a family owned business is an estate’s most valuable asset. Our business and estate planning attorneys work together with families to ensure that a business can continue after the first generation through careful planning.

If you want to ensure that the people you care about inherit your assets, then you should have a will. Otherwise, the government creates an estate plan, called intestacy, for you. People you care about may not inherit your assets under the government created estate plan.

A durable power of attorney allows you to choose someone to manage your assets and pay your bills in the event of your disability or incapacity. Otherwise, if you become disabled or incapacitated, someone will have to petition a court to obtain the power to provide these services for you, known as a guardianship.

A durable power of attorney for health care allows you to retain control over your own medical care during periods of incapacity through the prior designation of an individual to make health care decisions. A living will allows you to direct what measures will or will not be used to prolong your life in circumstances where there is no hope for recovery.

At Burleigh Law Office, we offer flat-fee and hourly billing. Typically, a case that involves litigation will be billed by the hour, as these cases are unpredictable and their complexity cannot be predetermined. Please call Burleigh Law Office to inquire about your specific legal needs and the corresponding flat fee or hourly rate.