Legal Question in Wills and Trusts in New Hampshire

My dad passed away suddenly and didn't have a will. He did have an IRA, 401k, two cars and one re-built collector car. He does not own a home. He was married to my step mom for about 15 years in New Hampshire. After his death, my stepmom immediately sold his two cars and has not mentioned to me or my brother about anything. She told us "in New Hampshire, the wife gets everything" I don't know if she was on any of his retirement accounts or on the cars either. What should I do??


Asked on 1/31/14, 8:12 pm

2 Answers from Attorneys

Roy Weddleton Granite Law

I don't know all the surviving relatives but the NH statute if you die without a will provides:

I. If the deceased is survived by a spouse, the spouse shall receive:

(a) If there is no surviving issue or parent of the decedent, the entire intestate estate;

(b) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, and there are no other issue of the surviving spouse who survive the decedent, the first $250,000, plus 1/2 of the balance;

(c) If there are no surviving issue of the decedent but the decedent is survived by a parent or parents, the first $250,000, plus 3/4 of the balance of the intestate estate;

(d) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, and the surviving spouse has one or more surviving issue who are not the issue of the decedent, the first $150,000, plus 1/2 of the balance of the intestate estate;

(e) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, the first $100,000, plus 1/2 of the intestate estate.

How this impacts your particular situation you will have to decide.

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Answered on 2/01/14, 7:40 am
James Hall Qua, Hall, Harvey & Walsh

How long ago did your father pass away? Do you know the value of the 401K and retirement accounts? Did you father and stepmother have any children together? Have you checked to see if the estate was probated? Feel free to call to discuss.

Jim

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Answered on 2/08/14, 9:54 am


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