Legal Question in Wills and Trusts in New Hampshire

Probate

My mother recently passed away without a will. Under NH law is her home exempt from probate because it was her primary residence (homestead)? And if so, how to put the title of the house in our names (4 siblings)? Thanks.


Asked on 3/11/07, 3:27 pm

1 Answer from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Probate

The homestead exemption provides certain rights to surviving spouses and minor children. If that does not apply in this situation, I am not aware of a law exempting property solely in a decedent's name from the probate process (which is designed to clarify ownership to a decedent's property, whether by will or via the laws of intestacy).

There are certain modified proceedings, none of which would appear to apply in the present situation. If you need assistance with the intestate administration of your mother's estate, please feel free to contact me via email to set up an appointment in Concord or other southern New Hampshire locale. (They don't let us put our telephone numbers in web forum responses.)

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Answered on 3/13/07, 5:37 pm


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