Frequently Asked Questions
At Norton, Abert & Jordan, P.C., our law practice is limited to:
Although we certainly hope that the following frequently asked questions and answers are helpful to you, please remember that this is just basic information, not legal advice.
We would be happy for you to contact us directly by calling our office at (603) 355-8858 to make an appointment to talk to one of our attorneys for legal advice. An attorney-client relationship is only formed after we have confirmed that we do not have any conflicts of interest in representing you and you have signed a fee agreement with the firm that confirms the basic terms of our engagement.
What should I expect when I make an appointment with an attorney?
First, we need to determine whether any conflicts of interest exist that would prohibit us from representing you, so a staff member asks for your name and the names of others involved in your matter.
To advise you properly, we’ll need complete information about you and your situation, so we’ll send you a questionnaire to complete and return before we meet. It’s important to complete the questionnaire even if a question doesn’t seem to apply to you; there may be facts affecting your matter that you’re not yet aware of, and sometimes neither are we, until you tell us. Rest assured that your information is kept strictly confidential, consistent with our Privacy Policy and the New Hampshire Rules of Professional Conduct governing attorney-client confidentiality.
Your packet will also include a fee agreement, which explains the nature of our relationship and how we bill.
What if I just Need a simple Will, do you prepare those?
We do prepare Wills, but during your appointment, we’ll first listen to understand your overall legal needs and goals before recommending an estate plan suited to your specific circumstances.
No estate plan is “one size fits all” so we don’t recommend a specific plan until we’ve discussed your financial and family circumstances with you in person. There are often situations where a “simple Will” isn’t the best, or even easiest, way to accomplish your goals.
Our attorneys will prepare documents that meet your specific needs in the event you become incapacitated or pass away.
What's the difference between a Will and a Trust?
A Will is a document that takes effect only after you die, directing how your assets should be distributed and naming someone (your executor) to carry that out through the Probate Court administration process. An executor has no power to act until a Petition for Estate Administration is approved by the Court.
A Revocable Trust, by contrast, takes effect during your lifetime; it can hold title to your assets, be managed by you or a successor Trustee if you become incapacitated, and typically allows your assets to pass to your beneficiaries after your death without Probate Court involvement, provided your assets have actually been retitled into the Trust’s name.
Even with a Revocable Trust, a Will is still needed to address anything left outside the Trust and to name guardians for minor children (if needed). Which approach is right for you depends on your specific goals, assets, and family circumstances.
I need a Power of Attorney over my parent. Can you do that for me?
The person granting a Power of Attorney must sign the document personally, so your parent — not you — would be our client. We must meet with him or her privately to confirm that signing the document is truly their wish, and they must have the mental capacity to sign it. If the person you’re trying to help no longer has the ability to understand or communicate, it may be necessary to seek a Guardianship through the Court — a process that can be complicated and difficult. If you are already acting on behalf of a parent or another loved one, our attorneys can help explain your duties and responsibilities in that role.
Will Medicaid take my house?
Not necessarily. While you’re alive, your home is generally an exempt asset for Medicaid eligibility purposes in many circumstances, particularly while a spouse or certain other dependents continue to live there.
However, after a Medicaid recipient’s death, New Hampshire may seek reimbursement from the deceased person’s estate for long-term care costs that were paid, though a process called estate recovery.
There are legal strategies that may protect your home from estate recovery, but the right approach depends heavily on your individual circumstances.
Why can't I just do my own Will using an online service like LegalZoom?
You certainly can attempt to prepare your own Will using an online template, but there are real risks worth understanding first.
New Hampshire law has specific requirements for how a Will must be signed and witnessed in order to be valid. A document that looks correct on paper can still fail in Probate Court if those formalities weren’t properly followed. Online templates also can’t ask you the follow-up questions an attorney would ask: about blended families, real estate in other states, beneficiaries with disabilities, outdated beneficiary designations, or potential tax consequences — any of which can completely change what document or strategy actually fits your situation.
A Will that doesn’t account for your full circumstances may not cause a problem until years later, when you’re no longer here to fix it and your family is left to sort it out, often through litigation.
We’re always happy to discuss your specific situation and explain what documents make sense for you, and why.
My parent just died. What should I do?
First, please take the time you need to grieve with your family.
When you’re ready, double check that all information on the death certificate is accurate, and order several certified copies. Locate any estate planning documents your parent may have had, and begin gathering their financial information.
We can provide a checklist to help you keep track of what to look for.
Whether your parent had a Will, a Trust, or no documents at all, we can help you determine what steps, if any, are needed. We also advise Trustees administering a Trust after the death of the person who established it, and our attorneys can assist with that administration as well.
My parent has an appointment with you, can I come to the meeting too?
Generally, no. We typically don’t recommend that family members attend a client’s initial estate planning appointment. If others are present, it can raise concerns about undue influence and will waive the attorney-client privilege for that conversation.
Depending on the circumstances, with the client’s permission, we may allow you to join for a portion of the meeting for general discussion. Even then, you will be asked to step out at times so we can speak privately with your parent.
Do you represent clients with dementia?
Sometimes.
If a person has sufficient mental capacity to hire an attorney and discuss their estate planning wishes, then we may be able to represent them directly. However, if dementia has progressed to the point where someone can no longer meaningfully understand the planning process or clearly express their wishes, we typically aren’t able to represent that person directly. In that situation, we may instead represent their agent under a Power of Attorney, or their court-appointed Guardian.
How much will it cost?
It is impossible to determine, without meeting you and reviewing your situation, what types of documents or actions your attorney will recommend for you, and therefore we are not able to estimate how much your legal matter will cost over the telephone when you first call.
Are you pet friendly?
While we no longer have dogs in the office, we are pet friendly and love to meet our client’s small pet animals. We anticipate that a new office support dog will join the team in the near future.
If You Have Additional Questions