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McLane Middleton

McLane Middleton

Concord, United States

Founded in 1919
75 people in their team
McLane Middleton is dedicated to our clients’ businesses, acting in a consultative fashion and offering guidance through today’s complex legal...
English

About Trusts Law in Concord, United States

Trusts law in Concord, United States, falls within the broader arena of estate planning. Trusts are legal arrangements where a person, known as a trustee, holds and manages assets for the benefit of others, known as beneficiaries. These arrangements are governed by Concord's local laws and the wider federal legislation. Trusts can be used for various reasons, including managing assets, minimizing estate taxes, avoiding probate, or safeguarding the financial future of a minor or a person with special needs.

Why You May Need a Lawyer

You might need a lawyer to manage complex estate planning issues, make sure your assets are properly protected, and steer clear of legal pitfalls. Trusts, for instance, can be challenging to set up and administer without professional legal counsel. You may also require legal guidance when modifying a trust or encountering disputes related to trustee operations or beneficiary rights.

Local Laws Overview

Trusts in Concord, US, are governed by the New Hampshire Trust Code. The key elements of this law include, but aren't limited to, the following: mandatory and discretionary duties of trustees, revocable versus irrevocable trusts, the rights of beneficiaries, and provisions for trust protectors. Depending on the trust's nature, income from the trust may be subject to federal and possibly state tax laws.

Frequently Asked Questions

1. Can I create a trust by myself?

While technically possible, creating a trust involves complex legislation and potential tax implications. Therefore, it's advisable to engage an attorney.

2. Can a trust be modified or revoked?

This depends on the type of trust. Revocable trusts can be changed or terminated, while irrevocable trusts typically can't, barring some exceptions.

3. Who can serve as a Trustee?

Any competent adult can serve as a Trustee. Some persons may choose an attorney, a family member, or a financial institution.

4. How is a trust different from a will?

A trust takes effect as soon as it's established, while a will only becomes effective after death. Furthermore, trusts can help avoid probate, which isn't the case with a Will.

5. What happens when the Trustee no longer can or wants to serve?

The Trust document typically includes provisions for such a situation. Often, a successor trustee is named to step in.

Additional Resources

The New Hampshire Bar Association provides valuable resources and attorney referrals. Additionally, the Legal Information Institute of Cornell provides a wealth of online information about trusts and estate law.

Next Steps

If you require legal assistance in trusts, consider consulting with an experienced Concord-based attorney who specializes in estate planning or trusts. Be prepared to discuss your assets, your goals, and who you envision handling your affairs and benefiting from your trust. Remember, estate planning is a significant task and doing it correctly with professional guidance can ensure a smooth, efficient transfer of your assets when the time comes.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.