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In New Hampshire, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
After a person dies, the state supervises the administration of his or her estate in a process called probate. New Hampshire does not require every estate to go through probate. Review the state's probate rules to inform your estate plans and ensure your executor can carry out your wishes as intended.
A grantor can appoint someone a trustee as long as the individual is at least 18 years old and is not likely to become bankrupt or mentally incompetent. Grantors can also be the trustee themselves, as long as the trust is a revocable living trust. This means the trust can be changed during the grantor's lifetime.
The transferee must have been a beneficiary of the trust when the property was acquired and became an asset of the trust (i.e. the relevant time). There must be no consideration for the transfer and the transfer of property from trustee to beneficiary must not be part of a sale or other arrangement.
How to Create a Living Trust in New Hampshire Take stock of your property. It's important to know exactly what you own and what you want to place into your trust. ... Pick a trustee. ... Create a trust document. ... Sign the trust document in the presence of a notary public. Fund your trust by moving your property into it.
Generally, irrevocable trusts that are administered in New Hampshire (and which are not taxed to the grantor) are not subject to state income or capital gains tax. New Hampshire does have an interest and dividends tax, but irrevocable trusts administered in New Hampshire are not subject to this tax.
New Hampshire's Trust Advantages The Granite State's trust laws are available to families nationwide and internationally. Their use can deliver tremendous benefits in tax savings, asset protection, and multi-generational asset transfer as well as several other advantages.
You may be able to avoid probate in New Hampshire by: Making a Revocable Living Trust. Titling property: Joint Tenancy.