What does NH require for legal last will/testament? (for sale, lawyer) - New Hampshire - City-Data Forum

NOV49 · 03-13-2011, 07:56 PM

I contacted a law office and they want $300 just to walk in the door and write me a simple will. I have little but want to make sure there is no issue for my kids. Is there a legal document out there that I could use and just have it notarized? I do have an old will that was written when my kids were small but they are grown and their dad has passed away. I don't have a lot of money to spend on an attorney. Is the old will still good? It wasn't written in NH. Any suggestions? Thanks.

NHartphotog · 03-14-2011, 01:12 AM

Just buy a standard willmaking software program; they allow you to choose your state and the required parts will be automatically inserted. You can verify the state requirements by an internet search on State of NH and last will and testament, though many sites are just formats for sale.

Lawyers love charging money for stuff you can do yourself.

NOV49 · 03-15-2011, 04:49 PM

Thank you very much; I didn't realize this was available. But then I didn't know where to look -- thanks again.

NHForester · 03-15-2011, 04:53 PM

Some things are worth the money. Pay a lawyer. If nothing else, pay him an hour's time to review the one you do yourself. However, I reiterate my first sentence. Pay a professional to do it right.

Valerie C · 03-15-2011, 09:14 PM

It's hard to say whether the old will would be valid. I suppose it would depend on how many years have passed, if there may be others who would be able to lay claim to any of your belongings. It really should be looked at by an attorney (average price is $200/hour) I know that it seems like an awful lot of money to pay an attorney, but if you are living in NH, you should have an up to date will. The term for dying without a valid will is 'intestate', and if that happens, everything (funds, property, belongings, etc. would be tied up in probate court, and a judge would decide the distribution. Maybe you could call around to see if $300 is the 'going' price, or if that one was a little high.

Quote:

Originally Posted by NOV49

I contacted a law office and they want $300 just to walk in the door and write me a simple will. I have little but want to make sure there is no issue for my kids. Is there a legal document out there that I could use and just have it notarized? I do have an old will that was written when my kids were small but they are grown and their dad has passed away. I don't have a lot of money to spend on an attorney. Is the old will still good? It wasn't written in NH. Any suggestions? Thanks.

rmcewan · 03-16-2011, 05:49 PM

Quote:

Originally Posted by Valerie C

It's hard to say whether the old will would be valid. I suppose it would depend on how many years have passed, if there may be others who would be able to lay claim to any of your belongings. It really should be looked at by an attorney (average price is $200/hour) I know that it seems like an awful lot of money to pay an attorney, but if you are living in NH, you should have an up to date will. The term for dying without a valid will is 'intestate', and if that happens, everything (funds, property, belongings, etc. would be tied up in probate court, and a judge would decide the distribution. Maybe you could call around to see if $300 is the 'going' price, or if that one was a little high.

Good advice as always Valerie. I would add, that a living trust in NH is a great idea if you own property and have a family. Probate is a PITA here.

sjwaste · 03-21-2011, 02:58 PM

I would strongly recommend having an attorney draft your will. It's a good idea in general, but any time we're not talking about a husband and wife each in their first marriage, with the children being the natural/adopted children of both of those parents, and no chance of either spouse remarrying (can't predict that, which is why I stated what I did in my first sentence), things can get complicated fast. Even in the ideal conditions, it can get complicated, actually. The rules of intestacy for your state (see reference immediately below) will handle whatever you throw at them, but often without the result you would have intended had you drafted a will.

Title LVI of the NH Code is the governing law, according to a quick google search. I'm unfamiliar with it, and if you are too, the lawyer will be money well spent.

If you can't afford it, there are options available. You could try the law clinic at the closest law school (UNH/FPLC?). Often, they will have students working on these matters, under the supervision of a licensed attorney. If you're a veteran (or the children's father was, sorry to hear that he passed), contact your closest association and ask if they have any legal assistance available. There are more legal aid resources listed here:

NHBA - Free Legal Services

I can't vouch for any of them, but it may be worth making a few calls to see what you can get help with.

What constitutes a valid will, the probate procedure (where you submit the will to a court to validate and execute), what happens when you don't have a valid or partially valid will (intestacy), and other issues vary on a per state basis.

I'm not a NH lawyer or I'd provide you with a better referral, but I hope that the link I provided does help a little bit. I don't know what town you're in, but google for your local bar association - usually "<town name> bar association" is a good search term - and give them a call. They might be able to help with lower cost options as well.