Practice Areas
Estate Planning
In the area of estate planning, our focus is on providing excellent client service with respect to drafting wills, trusts, durable powers of attorney, and advanced medical directives, and advising clients regarding estate planning, charitable giving, and tax exempt charitable organizations. Our goal is to develop in-depth client relationships that enable us to implement the best possible estate planning strategy for the family. Initially, this typically involves discussions about how best to transfer the family’s assets inter-generationally. Following this, we draft appropriate documents (wills, trusts, powers of attorney, advance health care directives, etc.). Estate planning, however, is a dynamic and ongoing process, and our clients keep in touch with us over a long- term planning horizon, making appropriate changes as family, legal, and financial circumstances evolve. Finally, we commit to keeping our clients informed on a regular basis about developments in the law.
Trust Administration & Probate
We focus extensively in the area of the administration of decedents’ trusts and estates. When a family member dies, there are numerous legal steps that come into effect. We find that clients in this area face the dual challenge of tackling unfamiliar legal and financial matters at a time of grief and loss, and we work very hard to make the process as smooth and efficient as possible. This involves attending to all steps necessary to pass the decedent's assets, either via will or trust, to the beneficiaries. Sometimes this involves probate court proceedings, some of which are contested. Most often, there are a number of trust and estate tax filings to made as well. We are very familiar with both the legal and personal challenges inherent in this process, and have successfully assisted many families through complex trust and estate administration matters.
Business & Contractual Matters
In the business law area, we have assisted many businesses, ranging from sole proprietorships to businesses with hundreds of employees, on business entity formation, shareholder matters, transactional matters, contractual matters, and business succession planning. This last area is a particular are of focus in our practice as it overlaps with our trust and estate clients and services. Many clients use us as their general counsel, turning to us in the first instance for all corporate and business advice.
“The New Hampshire Advantage”
New Hampshire is one of the leading states in which to administer and manage trusts. Respected experts consistently rank New Hampshire’s trust climate among the most preferred in the nation, and commonly refer to it as “The New Hampshire Advantage.”
An individual does not need to live in New Hampshire to take advantage of the state’s favorable trust laws. As long as a trust is created under New Hampshire law, or the governing law of a trust is changed to New Hampshire, the “New Hampshire Advantage” will apply. We routinely assist clients in creating trusts under New Hampshire law, and in moving their trusts to New Hampshire. We also welcome the opportunity to serve as trustee.
1. Tax-Free Trusts
Consider this: New Hampshire trusts are not subject to state income or capital gains tax. If your family has a trust that accumulates income (rather than distributing it every year), New Hampshire should be its situs. By moving such an "accumulation" trust to New Hampshire, your family's trusts will grow at a much faster rate, thanks to New Hampshire's special trust tax laws.
Some additional key aspects of New Hampshire’s trust laws include:
- Efficient Trust Administration: Client can take advantage of numerous options with respect to more efficient and flexible trust administration, including waiver of notice to beneficiaries, non-judicial settlement agreements, and virtual representation.
- Inter-generational Planning. New Hampshire law allows trusts to continue in effect in perpetuity. Such “dynasty trusts” are valuable inter-generational planning and creditor protection tools.
- Availability of Decanting: Under New Hampshire law, an independent trustee is authorized to transfer assets from an existing irrevocable trust into a new irrevocable trust. Typically, such “decanting” is done to provide more favorable administrative terms, clarify ambiguities, or address fiduciary issues.
- Directed Trusts, Trust Protectors, and Trust Advisors: New Hampshire law allows for the bifurcation of trust administration and investment responsibilities, thereby allowing “directed trusts.” Clients can also appoint a trust protector and/or trust advisor to assist with the overall trust administration process.
2. Asset Protection Trusts (“APTs”)
One very important part of The New Hampshire Advantage is the state's outstanding legal opportunities (for residents and nonresidents alike) to place assets beyond the reach of creditors. These so-called "Asset Protection Trusts" powerfully enhance other available exemptions, such as homestead and retirement accounts. As a normal and routine part of overall planning for high net worth individuals, New Hampshire asset protection planning is a must.
In the area of estate planning, our focus is on providing excellent client service with respect to drafting wills, trusts, durable powers of attorney, and advanced medical directives, and advising clients regarding estate planning, charitable giving, and tax exempt charitable organizations. Our goal is to develop in-depth client relationships that enable us to implement the best possible estate planning strategy for the family. Initially, this typically involves discussions about how best to transfer the family’s assets inter-generationally. Following this, we draft appropriate documents (wills, trusts, powers of attorney, advance health care directives, etc.). Estate planning, however, is a dynamic and ongoing process, and our clients keep in touch with us over a long- term planning horizon, making appropriate changes as family, legal, and financial circumstances evolve. Finally, we commit to keeping our clients informed on a regular basis about developments in the law.
Trust Administration & Probate
We focus extensively in the area of the administration of decedents’ trusts and estates. When a family member dies, there are numerous legal steps that come into effect. We find that clients in this area face the dual challenge of tackling unfamiliar legal and financial matters at a time of grief and loss, and we work very hard to make the process as smooth and efficient as possible. This involves attending to all steps necessary to pass the decedent's assets, either via will or trust, to the beneficiaries. Sometimes this involves probate court proceedings, some of which are contested. Most often, there are a number of trust and estate tax filings to made as well. We are very familiar with both the legal and personal challenges inherent in this process, and have successfully assisted many families through complex trust and estate administration matters.
Business & Contractual Matters
In the business law area, we have assisted many businesses, ranging from sole proprietorships to businesses with hundreds of employees, on business entity formation, shareholder matters, transactional matters, contractual matters, and business succession planning. This last area is a particular are of focus in our practice as it overlaps with our trust and estate clients and services. Many clients use us as their general counsel, turning to us in the first instance for all corporate and business advice.
“The New Hampshire Advantage”
New Hampshire is one of the leading states in which to administer and manage trusts. Respected experts consistently rank New Hampshire’s trust climate among the most preferred in the nation, and commonly refer to it as “The New Hampshire Advantage.”
An individual does not need to live in New Hampshire to take advantage of the state’s favorable trust laws. As long as a trust is created under New Hampshire law, or the governing law of a trust is changed to New Hampshire, the “New Hampshire Advantage” will apply. We routinely assist clients in creating trusts under New Hampshire law, and in moving their trusts to New Hampshire. We also welcome the opportunity to serve as trustee.
1. Tax-Free Trusts
Consider this: New Hampshire trusts are not subject to state income or capital gains tax. If your family has a trust that accumulates income (rather than distributing it every year), New Hampshire should be its situs. By moving such an "accumulation" trust to New Hampshire, your family's trusts will grow at a much faster rate, thanks to New Hampshire's special trust tax laws.
Some additional key aspects of New Hampshire’s trust laws include:
- Efficient Trust Administration: Client can take advantage of numerous options with respect to more efficient and flexible trust administration, including waiver of notice to beneficiaries, non-judicial settlement agreements, and virtual representation.
- Inter-generational Planning. New Hampshire law allows trusts to continue in effect in perpetuity. Such “dynasty trusts” are valuable inter-generational planning and creditor protection tools.
- Availability of Decanting: Under New Hampshire law, an independent trustee is authorized to transfer assets from an existing irrevocable trust into a new irrevocable trust. Typically, such “decanting” is done to provide more favorable administrative terms, clarify ambiguities, or address fiduciary issues.
- Directed Trusts, Trust Protectors, and Trust Advisors: New Hampshire law allows for the bifurcation of trust administration and investment responsibilities, thereby allowing “directed trusts.” Clients can also appoint a trust protector and/or trust advisor to assist with the overall trust administration process.
2. Asset Protection Trusts (“APTs”)
One very important part of The New Hampshire Advantage is the state's outstanding legal opportunities (for residents and nonresidents alike) to place assets beyond the reach of creditors. These so-called "Asset Protection Trusts" powerfully enhance other available exemptions, such as homestead and retirement accounts. As a normal and routine part of overall planning for high net worth individuals, New Hampshire asset protection planning is a must.