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View Full Version : Seeking lawyer who pratices both NH and FL law.


Lucky1
06-12-2010, 04:10 PM
Looking to do a trust under FL law but might become NH law if able to sell FL . Was wondering if there is anyone in the lakes region who is able to help with this. Hoping to be able to spend more time at our wonderful lake.

Jeanzb1
06-13-2010, 10:11 AM
That's a good question. We are Florida residents but rent up here on the lake for six months. Our wills were drawn in Mass., but now that in order for them to be "legal," they must be redone in Florida. Anybody know anything about that? It's certainly an unwanted expense to have to have them rewritten. Thanks.

RLW
06-13-2010, 04:51 PM
I have a trust that deals with 2 pieces of property. One in NH and another in another state. My lawyer wrote up the trust listing both pieces of property and then registered them in registry of deeds in both states. Claims that covers it all. http://i45.tinypic.com/2n7e59v.gif

RI Swamp Yankee
06-14-2010, 12:28 PM
... Our wills were drawn in Mass., but now that in order for them to be "legal," they must be redone in Florida. ...

I don't see any valid reason to have a will "redone".

tis
06-14-2010, 01:48 PM
I believe that is true you need to have the will redone in Fl. A Fl. trust is a good thing to have if you are a resident of Fl because your house is protected from liability.

upthesaukee
06-14-2010, 02:16 PM
I don't see any valid reason to have a will "redone".
It is well worth the relatively small amount of money to check whereever you move to and make sure that that new state does not have some quirk or law that would put your last wishes in jeopardy.

In fact, it is a good idea to review with your legal representative your will or Trust even if you do not move. NH changed some aspects of trusts including Living wills and durable power of attorney for health care. These two documents were previously two separate entities but under a law change in January 2007, they have been incorporated into a single document with two sections. Contact your attorney for more information.

Lucky1: We use Normandin Cheney and O'Neil and have been very satisfied for over 10 years. 524-4380 or toll free 18005290631.
We use Atty Suzanne Weldon-Francke. Call the office and see if they can help you in both states.

Kings Bluff
06-15-2010, 07:21 AM
I am licenced in Florida and I also have property on the lake which I have put into a trust. I would be happy to help. Give me a call at 850-681-1010.
Also see Banksandmorris.com on the web or our website on the lake, www.winnipesaukeecam.com

DRH
06-15-2010, 09:10 AM
I don't see any valid reason to have a will "redone".

I believe different states have different requirements for wills to be recognized and enforceable under state law. A will drawn up and executed under MA's laws may not comply with the requirements for wills in FL. It's worth the money to have it redone in FL to ensure all of that state's requirements are met.

RLW
06-15-2010, 06:24 PM
Everyone appears to be answering to a WILL and I thought the question was on a TRUST. Aren't they really 2 different items???http://i45.tinypic.com/2n7e59v.gif

DRH
06-15-2010, 06:36 PM
Everyone appears to be answering to a WILL and I thought the question was on a TRUST. Aren't they really 2 different items???http://i45.tinypic.com/2n7e59v.gifGood point, RLW. I, for one, misread the original post.

upthesaukee
06-15-2010, 09:13 PM
...normally will include a will, as well as powers of attorney, etc. If I remember correctly, our trusts are about 12 pages long.

Good pick-up RLW, however the points about different states and wills also applies to trusts: What is "legal" in one jurisdiction may not fly in another. By reviewing all legal documents periodically, and especially when changing jurisdictions will cost relatively short money to ensure that your trust or will is going to provide for your survivors and beneficiaries.

Lucky1
06-15-2010, 09:13 PM
Need both a will and a trust.

SIKSUKR
06-16-2010, 08:52 AM
My trust is part of my will also.

Kings Bluff
06-16-2010, 09:33 AM
Your current Will, if drafted correctly, may be sufficient. It would be worth having an attorney look at it to determine if it will be good in Florida and NH. Both states do have different requirements. Since I own property in both states the wills I draft meet the requirements for both states as well as the other 48. I would also suggest a Durable Power Of Attorney and a Living Will to take care of your health care decisions. The Trust would be the 4th document. If your estate is set up correctly you may be able to avoid probate. If I can be of any help please call me at 850-681-1010.
Jim Banks
www.banksandmorris.com
www.Winnipesaukeecam.com.

RLW
06-16-2010, 07:33 PM
Need both a will and a trust.

True, true. My lawyer checked between my state and NH and all he had to do was to file the trust (real estate) in both states (registry of deeds) and nothing else. The only reason for both states is that there is property in both states (again real estate) The will follows the person anywhere as it has nothing to do with what state your in. It deals with what you want to happen with your personal property etc.(not real estate if in trust) The state has nothing to do with it so my lawyer told me several times the last about 1 year ago. That's just my 2¢:)

Lucky1
06-16-2010, 09:21 PM
Currently a resident of FL so will end up doing what is needed for a Florida resident. Have not done these things so it is past time to get on with doing them!!

SIKSUKR
06-17-2010, 07:27 AM
If your estate is set up correctly you may be able to avoid probate.

This was the main reason I set up a trust.

RLW
06-17-2010, 03:26 PM
This was the main reason I set up a trust.

And maybe paying taxes and paying for nursing home care if needed out of the real estate monies.http://i50.tinypic.com/zvd11z.gif