Legal Question in Wills and Trusts in New Hampshire
probate,minor heirs
In the case of 4 children being heirs to personl property. one child who is 19 and the rest minor.
Do all fiduciary items HAVE to be liquidated, and the monies split? Or is there a way to recieve specific items?(transfer to children)?
2 Answers from Attorneys
Re: probate,minor heirs
There are many possible ways to handle this situation. The starting point would be an examination of the will in order to determine the intent of the testator. Minors can not sign receipts for bequests. There may be a need to appoint a guardian for each minor (generally a parent), to hold the bequest until the minor is of legal age. There are many times where an agreement is reached that one child would get money and another the tangible items. It would be best to explore all the options with an attorney experienced in this area of the law.
Re: probate,minor heirs
It depends on what the will says. The personal representative can frequently divide the property with the consent of the heirs.
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