• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
    • News and Events
  • Areas We Serve
    • Essex County, MA
      • Andover
      • Beverly
      • North Andover
    • Hillsborough County, NH
      • Manchester
      • Nashua
    • Middlesex County, MA
      • Concord
      • Lexington
      • Wakefield
      • Winchester
      • Woburn
    • Rockingham County, NH
      • Exeter
      • Londonderry
      • Salem
  • Services
    • Asset & Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Loss Of A Loved One
    • Pet Planning
    • Power Of Attorney
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Elder Law
    • Coping with Alzheimer’s
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder law reports
      • Elder Law Resources
        • Elder Law Resources – Londonderry, New Hampshire
        • Elder Law Resources North Andover, Massachusetts
        • Nashua, New Hampshire Elder Law Resources
        • Woburn, MA Elder Law Resources
    • Estate Planning
      • Estate Planning Articles
      • Estate and Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Business Planning
      • Charitable Gifting
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Trust Administration & Probate
      • Wills and Trusts
    • Medicaid Calculator
    • Newsletters
    • Presentations
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Nashua, New Hampshire Probate Resources
        • Probate Resources – Londonderry, New Hampshire
        • Probate Resources – North Andover, MA
        • Probate Resources – Wakefield, Massachusetts
        • Woburn, MA Probate Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
  • Seminars
    • Live Seminars
    • Online Seminars
  • Videos
  • Contact Us
  • Blog
  • Reviews
    • Our Reviews
    • Review Us

DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

Call us today(603) 894-4141

(978) 969-0331

Online Seminars
Attend Free Seminar
Home » Estate Planning » The Transfer of Property After Death

The Transfer of Property After Death

April 7, 2015Estate Planning

capture-20150405-225759

A loved one’s death is a traumatic event, regardless of the death being expected or sudden. We all need a period to grieve and adjust to the loss. It’s difficult to consider the legal, financial and business elements, which is why estate planning is so important.

One role of estate planning is deciding who receives your property and assets after you are no longer here. This is known as the transfer of property after death. It can also involve designating a guardian for young children as well as naming a representative to make financial and medical decisions for you should you become unable to do so.

If, at the time of your death, your wife is pregnant, the child who is born later is entitled to the same rights as children who were living before your death. There is one stipulation: the child must survive 120 hours after birth.

The Will

In New Hampshire, a will is accepted by the courts in one format: writing with the applicable witnesses, along with a notary’s seal. In very rare instances, the law will make an exception to the written memorialization. Usually, those exceptions are limited to those in the military. The validity of a will is made when witnesses attest to the fact that the testator (person whose estate is being addressed in the will) indeed created his own will under no duress. Any codicils, or changes, are also required to the meet those conditions.

Also, rights of survivorship play a big role as well. If both spouses own an asset, the death of one spouse means a transfer to the surviving spouse in most instances.

If the decedent left a will, it usually names a person to be the personal representative of the estate, known as an executor. The executor is responsible for conducting an inventory and accounting; distribution of the estate’s assets; and paying the estate’s debts and taxes.

Intestacy

You may have heard of dying intestate. This means there was no will at the time of death. It often also means a lengthy probate process. This is both time consuming and often, expensive. It doesn’t need to be that way, though.

It’s just one more reason why estate planning is so important. If there is no will, the probate court will appoint an administrator. Like the executor, the administrator is responsible for completing all the requirements to distribute the assets of the estate. There may sometimes be exceptions or limitations, each state law varies.

The reality is estate planning is more important in our modern society than ever before. Because of its expansion, your estate planning team can help ensure your will is solid, your trusts are in place and every tax advantage has been incorporated. The time to do this, however, is today. We don’t know what tomorrow holds.

To learn more about all of these estate planning elements, along with the other important considerations, contact our offices New Hampshire estate planning lawyers today.

  • Author
  • Recent Posts
Daniel DeBruyckere
Daniel DeBruyckere
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning.
Daniel DeBruyckere
Latest posts by Daniel DeBruyckere (see all)
  • Do I Need an Attorney to Administer a Trust? - January 26, 2023
  • How Using a Trust Can Protect a Valuable Inheritance - January 24, 2023
  • What Seniors Need to Know to Protect Assets - January 19, 2023

Other Articles You May Find Useful

Beverly estate planning attorney
Do We Need an Estate Plan If We Do Not Plan to Have Children?
Beverly estate planning attorneys
Am I Entitled to Social Security Based on My Spouse?
Beverly estate planning attorney
Make Reviewing Your Estate Plan Your New Year’s Resolution
Common Mistakes In Estate Planning 150x150
Common Mistakes in Estate Planning – Part III
Common Mistakes In Estate Planning 150x150
Common Mistakes in Estate Planning – IV
Beverly estate planning attorneys
15 Things to Do Following the Death of a Loved One

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram

Blog Subscribe

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Testimonials

DeBruyckere Law Offices, PC footer

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
footer-logo

© 2023 DeBruyckere Law Offices
All Right Reseved.

Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.