Legal Question in Wills and Trusts in New Hampshire

The self-proving Will filed in NH probate court includes an Article exercising a special power of appointment under the deceased's Irrevocable Trust which eliminates me as a beneficiary under Trust. Is this legal? I thought irrevocable trusts cannot be changed without beneficiary approval. Shouldn't this significant change bring the irrevocable trust into the probate proceedings?


Asked on 7/06/12, 7:15 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

An answer to your question would require a careful examination of the actual documents mentioned. The special power of attorney may not be a "change" to the Irrevocable Trust, but merely an exercise of an authorized power. Determining who has what legal rights and remedies can only be determined by reading the Will and Trust and appropriate law.

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Answered on 7/06/12, 8:18 am


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