You should have your estate planning documents reviewed by a New Hampshire attorney 
Clients moving to New Hampshire frequently ask whether the estate plan (will, health care directive, and financial power of attorney) created in their former home (“foreign plan”) is valid here. Generally speaking, a foreign plan is valid here. However, good reasons exist to modify a foreign plan.
A valid plan doesn’t cure all issues created by a move. Validity ensures enforcement. Validity doesn’t ensure your intentions are fulfilled. The law varies state to state. The terms of a foreign plan may be interpreted under New Hampshire law and not the law of your former home, resulting in unintended consequences.
For instance, the source of the payment of the decedent’s debts and expenses varies from state to state. This can change the size of an inheritance under a will. This result can be adjusted by modifying the terms of the will. A foreign will requires an extra step in the probate process.
There
may be situations where not having a New Hampshire “form” of the health
care directive causes uncertainty. The New Hampshire form is
particular, granting end of life decision making powers very
specifically. In the event of an end of life controversy not having the
New Hampshire language could create difficulties for the agent resulting
in court involvement.
Similarly,
issues can arise related to the financial power of attorney. If a
financial power of attorney is used to qualify an incapacitated person
for government benefits such as Medicaid, the document must explicitly
allow the agent to make gifts and authorize gifting to qualify the
principal for Medicaid benefits. The agent cannot make gifts to him or
herself, unless the document specifically authorizes it.
Having
a New Hampshire attorney review your estate plan after a move ensures
your intentions are carried out efficiently and effectively.
Denis Dillon is a director in McLane Middleton’s Portsmouth office. He can be reached at (603) 334-6921 or denis.dillon@mclane.com.
603-625-6464 • mclane.com
“Ensure your intentions are carried out efficiently and effectively.”
