Legal Question in Wills and Trusts in New Hampshire
Trustee for testemantary trust /new hampshire
My children are the only heirs to an estate in New Hampshire, but, they reside in Florida. The court ordered the will to be established into a trust. I motioned the court to become trustee, The court has not yet appointed one. I was told that I could not become the trustee because I do not live in that sate. Is that so? and why can't a parent be trustee in another state. I do not know a person in that state that I trust to become trustee? I can become guardian and live in another state,With a resident agent? Can that not also apply to being trustee?
2 Answers from Attorneys
Re: Trustee for testemantary trust /new hampshire
This is really a NH law question. In Florida there is nothing to prevent an out of state person from being the trustee, although frequently a court wqill require a bond to do so.
Re: Trustee for testemantary trust /new hampshire
Generally if you have a Resident Agent in this state, you might convince the court that you should be appointed Trustee. On occasion, we use a corporate Trustee. There may be some other options to deal with the funds for the minor children and it would be benefical to have more information. I suggest that meeting with or talking with a New Hampshire attorney might present some alterntives to resolve this problem.
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