Legal Question in Wills and Trusts in New Hampshire

Making changes to my will

I had a will drawn up, by a Mass. attorney in 2005.I named 4 children to get equal distributions.I have decided to make a change, naming 2 of the children as beneficiaries & making provisions for the 3rd & excluding the 4th.

I am told the problem I have now is that I am currently a resident of NH & need to go to an attorney who practices in NH to get this done or this could open the door for the 2 children (not named as beneficiaries)to contest it.

Is this true?

Also what are the laws in NH & MA. regarding trusts and how long they need to be in effect before anyone (example:nursing homes) can legally touch any of the assets?

Please advise & Thank You!

--name removed--


Asked on 1/20/07, 10:16 am

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Making changes to my will

These are two separate questions. As the other attorney noted, the law in MA and NH is quite different with respect to the issue you raise, and you definitely should have the will revised (and any other documents such as powers of attorney or health care proxies/durable powers of attorney for health care revised as well.) Our laws in NH have recently changed.

Secondly, as far as "Medicaid" planning is concerned, this is a specialty, in part because it is constantly changing, to the extent that some of the rules in NH are still in flux. It is a combination of state and Federal law, and is driven by the fact that Medicaid comes directly out of the public coffers. This is not my specialty, but I can suggest a name if you need a referral. I am also licensed in New Hampshire. You can reach me at [email protected]

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Answered on 1/23/07, 10:23 pm

Re: Making changes to my will

Our attroneys are licensed in both Massachusetts and New Hampshire and deal with this issue regularly as many people move between the two states. We recommend your new WILL should comply with New Hampshire law if you are a NH resident at the time of its execution; especially if you are excluding an otherwise 'natural' beneficiary. Treating with respect to certain properties will be determined by the location of the real estate and types of assets. We can assist you with structuring your trusts to provide for maximum protection of assets subject to the respective state and federal 'look back' periods that evaluate transfers of property.

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Answered on 1/21/07, 11:42 am


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