Seeking lawyer who pratices both NH and FL law.

Lucky1 · 06-12-2010, 05:10 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, 11:11 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, 05:51 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.

RI Swamp Yankee · 06-14-2010, 01:28 PM

Quote:

Originally Posted by Jeanzb1

... 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, 02:48 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, 03:16 PM

Quote:

Originally Posted by RI Swamp Yankee

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, 08:21 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, 10:10 AM

Quote:

Originally Posted by RI Swamp Yankee

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, 07:24 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???

DRH · 06-15-2010, 07:36 PM

Quote:

Originally Posted by RLW

Everyone appears to be answering to a WILL and I thought the question was on a TRUST. Aren't they really 2 different items???

Good point, RLW. I, for one, misread the original post.

upthesaukee · 06-15-2010, 10:13 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, 10:13 PM

Need both a will and a trust.

SIKSUKR · 06-16-2010, 09:52 AM

My trust is part of my will also.

Kings Bluff · 06-16-2010, 10:33 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, 08:33 PM

Quote:

Originally Posted by Lucky1

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, 10:21 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, 08:27 AM

Quote:

Originally Posted by Kings Bluff

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, 04:26 PM

Quote:

Originally Posted by SIKSUKR

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.

06-12-2010, 05:10 PM	#1
Lucky1 Senior Member Join Date: Oct 2009 Location: Moultonborough and FL Posts: 459 Thanks: 318 Thanked 123 Times in 53 Posts	Seeking lawyer who pratices both NH and FL law. 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. Last edited by Lucky1; 06-12-2010 at 09:28 PM.

06-13-2010, 11:11 AM	#2
Jeanzb1 Senior Member Join Date: May 2009 Location: Gilford Posts: 555 Thanks: 632 Thanked 176 Times in 95 Posts	Question 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.

06-13-2010, 05:51 PM	#3
RLW Senior Member Join Date: Jul 2002 Location: Alton Bay on the mountain by a lake Posts: 2,023 Thanks: 563 Thanked 444 Times in 311 Posts	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. __________________ There is nothing better than living on Alton Mountain & our grand kids visits.

06-15-2010, 07:24 PM	#9
RLW Senior Member Join Date: Jul 2002 Location: Alton Bay on the mountain by a lake Posts: 2,023 Thanks: 563 Thanked 444 Times in 311 Posts	Everyone appears to be answering to a WILL and I thought the question was on a TRUST. Aren't they really 2 different items??? __________________ There is nothing better than living on Alton Mountain & our grand kids visits.

06-15-2010, 10:13 PM	#11
upthesaukee Senior Member Join Date: Jan 2003 Location: Alton Bay Posts: 5,604 Blog Entries: 2 Thanks: 2,469 Thanked 1,983 Times in 1,083 Posts	Part of a trust... ...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. __________________ I Live Here... I am always UPTHESAUKEE !!!!

06-14-2010, 02:48 PM	#5
tis Senior Member Join Date: Jan 2006 Posts: 6,771 Thanks: 755 Thanked 1,463 Times in 1,019 Posts	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.

The Following User Says Thank You to upthesaukee For This Useful Post:
Lucky1 (06-14-2010)

06-15-2010, 08:21 AM	#7
Kings Bluff Senior Member Join Date: Jan 2009 Location: Tallahassee, Florida Posts: 51 Thanks: 2 Thanked 16 Times in 11 Posts	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

06-16-2010, 09:52 AM	#13
SIKSUKR Senior Member Join Date: Apr 2004 Posts: 5,075 Thanks: 215 Thanked 903 Times in 509 Posts	My trust is part of my will also. __________________ SIKSUKR

06-16-2010, 10:33 AM	#14
Kings Bluff Senior Member Join Date: Jan 2009 Location: Tallahassee, Florida Posts: 51 Thanks: 2 Thanked 16 Times in 11 Posts	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.

06-16-2010, 10:21 PM	#16
Lucky1 Senior Member Join Date: Oct 2009 Location: Moultonborough and FL Posts: 459 Thanks: 318 Thanked 123 Times in 53 Posts	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!!

The Following User Says Thank You to RLW For This Useful Post:
trfour (06-18-2010)