Estate planning can seem overwhelming because it involves much more than making decisions concerning the distribution of your assets after death. It also involves decisions concerning your finances, your healthcare choices, and how to take care of those who are under your care.
With the support of an experienced attorney, you can feel confident that your choices will be honored now and in the future. Many believe executing a simple will should solve all questions regarding how your assets will be distributed after death. In reality, many decisions that need to be made are not always best handled through a simple will. In some instances, these decisions are better managed through other options, such as a trust, for instance. Some decisions that may be more clearly or more easily managed through other means may include:
In addition to achieving your estate distribution goals, an attorney can help you create a plan to protect you, your loved ones, and your assets. Sandra Kenney focuses her practice primarily on family estate planning. She is admitted to practice law in New Hampshire, Massachusetts, and New York and is a member of the New Hampshire Bar Association and the New Hampshire Women's Bar Association. She advocates compassionately for clients with comprehensive knowledge. Attorney Kenney is ready to support you in whatever estate planning decisions you face, whether guardianship, asset planning, or medical and financial management decisions.
The foundation of estate planning is establishing your last will and testament. Among other things, your will determines how your assets should be distributed upon your death, who will be the executor of your estate upon your death, and who will be appointed as guardian of your minor children. A properly executed will can also relieve the stress of complicated probate proceedings for your loved ones.
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In addition to recommending that you execute a will, your attorney may recommend other planning tools, including trusts. Trusts enable the executor of your estate to avoid probating a will, a commonly stressful process. In addition, a trust can also minimize the burden of estate taxes and ensure more of your assets go to those you have designated.
There are several types of trusts that might be appropriate depending upon your situation. Some trusts allow you to act as the trustee and retain complete control of your assets while alive. Others may focus on reducing tax burdens or providing for a disabled loved one without jeopardizing their access to government benefits.
Attorney Sandra Kenney has experience helping clients to protect their assets and provide for loved ones. She understands the various trust options and can create the appropriate trust document to support your situation.
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A Durable Power of Attorney, or DPOA, grants authority to an agent of your choosing to make decisions if you cannot make them for yourself because of an incapacity. These decisions usually involve your finances, but they may also include handling real estate, managing businesses, and caring for personal, tangible property. DPOAs allow you to continue paying your bills and conducting bank transactions even if you experience an unexpected health event that makes you incapable of handling such matters on your own. If you return to health and become competent again, you can remove the DPOA or make changes to your DPOA. Essentially, A DPOA allows you to plan for unexpected changes in your decision-making ability. A DPOA can become effective immediately, allowing your Agent to act immediately to support you.
Attorney Sandra Kenney has experience helping clients to prepare for unexpected life changes. Contact her today so you can feel comfortable with your plans now and in the future.
The New Hampshire Advance Directive includes the Durable Power of Attorney for Health Care and the Living Will. The Durable Power of Attorney for health care specifies who can serve as your Agent to make important healthcare decisions for you if you cannot do so. The Living Will specifies your wishes for end-of-life care.
New Hampshire enacted Senate Bill 74 (SB74) in 2021, which includes key changes to an Agent's authority under an Advance Directive for Health Care. Importantly, the new law now grants an Agent the power to authorize experimental and life-sustaining treatments unless expressly limited by your Advance Directive for Health Care. Therefore, if you put an Advance Directive for Health Care in place before 2021, you should revisit it with your attorney to ensure your wishes are consistent with the new law. Further, your decisions on how these matters should be handled might change as you age or your health declines. As such, it is important to revisit your Advance Directive for Health Care with your attorney from time to time.
Attorney Sandra Kenney has experience helping clients to prepare for life changes. Contact her today so you can feel comfortable with your plans now and in the future.
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Prenuptial agreements can be executed before marriage. Postnuptial agreements are executed after marriage. Both specify a couple’s agreement on how assets should be handled in case of divorce or the death of one spouse. When one spouse enters the marriage with assets or an expected inheritance, these agreements help preserve assets. Even younger couples with fewer assets should consider executing a prenuptial or postnuptial agreement as a well-drafted agreement can also determine how assets acquired in the future should be managed.
New Hampshire requires that both parties fully understand the terms and conditions of the pre-and postnuptial agreement before signing them. Both parties must retain attorneys representing their interests when considering a pre- or postnuptial agreement.
Attorney Sandra Kenney has experience helping families in all aspects. Contact her today so you can feel comfortable with your plans now and in the future.
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An important consideration in estate planning is to specify who you want to appoint as a guardian in various situations. This person will be authorized to make important financial and medical decisions on your behalf if you cannot do so.
New Hampshire has two types of guardianship. First, a person's guardian can decide living arrangements and health care. In comparison, a guardian of the estate has the authority to manage finances.
Minors might require guardianships for various reasons. To be prepared for the future, an important part of estate planning is to specify who you want to appoint as a guardian for your minor children. If you do not have a guardian appointed, then the court will be involved in determining the guardian. Therefore, appointing a guardian is critical to estate planning to avoid family strain and ensure your wishes are followed by all involved.
Minors might also require alternative legal guardianship if a parent is unfit or unable to care for children. New Hampshire handles guardianship of minor cases in the Family Court. Therefore, having an attorney experienced with the New Hampshire Family Court system is important to ensure that minors get proper guardianship.
Attorney Sandra Kenney has experience helping clients to prepare for unexpected life changes. Contact her today so you can feel comfortable with your plans now and in the future.
