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Estate Planning

Nashua Estate Planning Lawyer 

Providing Well-Informed Advice & Effective Legal Services

Many individuals and families throughout New Hampshire and Massachusetts put off estate planning until it is too late. If you become incapacitated or something unexpected happens, do you know what will become of your assets? Will they go to intended loved ones?

Estate planning allows people to take the burden off of loved ones by simplifying the transfer of assets from one generation to the next and reducing any associated legal costs. It may even minimize estate taxes. As anyone familiar with the probate process can attest, an effective estate plan is a true gift to loved ones.

Call Bernazzani Law today at (603) 261-2214 or contact us online to schedule a free consultation with our Nashua estate planning attorneys.

Our Lawyers Can Help You Think Through All Important Decisions

Many people put off the estate planning process because they are intimidated or have preconceived notions. While the process can be complex and fact-specific, a probate attorney can help you tailor an effective estate plan to your specific financial circumstances, goals, and needs.

At Bernazzani Law, our estate planning attorneys in Nashua work directly with clients to understand your unique situation. Our hands-on, personalized approach to legal services serves as a hallmark of our method of care. We are sensitive to the needs of every client and fuse comprehensive knowledge with compassion and empathy.

In addition to traditional estate planning, our attorneys are experienced in advanced strategies that can offer additional benefits for asset protection and management. This includes the use of living trusts, charitable remainder trusts, and other sophisticated planning instruments designed to further reduce tax liabilities and provide for the efficient distribution of assets. We also assist clients in drafting comprehensive family agreements that clarify long-term financial objectives and terms, ensuring harmony and understanding among beneficiaries.

Helping Clients with Their Estate Planning Needs for 25+ Years

Our attorneys are well-versed in this area of law, and we have what it takes to help you achieve your goals.

We can assist you with the following, and more:

  • Crafting a Last Will and Testament. A will is an incredibly important and useful estate planning tool. A will can define guardianship of a minor-aged child, designate charities or people who will receive gifts, and account for other asset/property distribution specifications. We can work directly with you and draft a will and other supplemental documentation to reflect your specific circumstances, needs, and goals.
  • Drafting a Trust. Trusts are among the most important and effective estate planning tools. A trust can be used to protect assets, maximize privacy, and, when properly drafted, minimize taxes. A trust can also be customized to meet the specific needs of you and your family with regard to transferring assets and funds to a spouse, child, or other designated party.
  • Going Through Probate. In the event of death without a trust, courts in New Hampshire and Massachusetts will oversee the administration of an estate in the probate process. In addition to the transfer of assets, this can include paying beneficiaries and creditors. If a will exists, it has to be proved valid, and a personal representative can manage the remainder of the affairs. This includes heir notification, tracing/finding assets, submitting an inventory list, paying debts, submitting accounting, and, finally, distributing the estate.
  • Creating an Advance Directive. There may come a point in life where you or a loved one is not able to communicate personal wishes related to medical care. In these cases, having an advance directive as part of an estate plan can provide clarity for doctors and family members. During stressful health events and emergencies, advance directives offer loved ones peace of mind. These components of an estate plan allow someone to designate a family member or another person to make medical decisions on their behalf in the event they are incapacitated, including instructions regarding life-saving measures, life-prolonging measures, and an individual's choice to be an organ and/or tissue donor.
  • Medicaid Planning. The Medicaid application is an extensive process where five years' worth of documentation must be provided in order to receive benefits. Additionally, with the Medicaid application process, if you are not qualified for Medicaid and you apply, you could disqualify yourself for a longer penalty period that could have been avoided. As such, it is always important to be sure that you consult with an attorney prior to application. Unfortunately, some people will apply without knowing the detailed rules and disqualify themselves. Had they made one or two small changes, they would have qualified. Often, this simply means recategorizing an asset or two. Depending on the circumstances surrounding the disqualification, the length of time varies. It may mean simply redoing paperwork or years of disqualification.

Understanding Durable Power of Attorney in Nashua

When planning for unforeseen circumstances, having a durable power of attorney (DPOA) is crucial. In Nashua, a DPOA allows you to designate a trusted individual to manage your financial and healthcare decisions should you become incapacitated. This legal instrument ensures that your affairs are handled according to your wishes and provides peace of mind for both you and your loved ones. Without a DPOA, family members may face lengthy court proceedings to gain authority to make these decisions, adding stress during already challenging times.

Choosing the right person as your agent is a critical decision, as they will have comprehensive control over your financial affairs. It's important they understand your intentions and will carry out your wishes without bias. At Bernazzani Law, we can guide you through the selection process and assist in drafting a DPOA that fits your specific needs. This ensures you maintain control over your affairs even in situations when you cannot personally oversee them.

The Role of Probate Attorneys in Nashua

Navigating the probate process can be daunting without the right guidance. A probate attorney in Nashua plays a pivotal role in helping families and executors administer an estate smoothly and in compliance with New Hampshire laws. Whether handling disputes among beneficiaries or ensuring the proper distribution of assets, a probate attorney's intervention minimizes delays and prevents legal missteps.

Our team at Bernazzani Law brings clarity to this complex process through personalized, empathic service tailored to our clients' unique situations. We provide comprehensive probate services that cover everything from filing necessary documents with the court to resolving any outstanding debts or obligations the estate may have. This dedication not only helps honor the deceased's wishes efficiently but also provides the living family members with the closure they need to move forward.

It Is Never Too Early to Start Planning. Call Us Today.

Bernazzani Law offers free consultations. For more information, or to discuss your situation and options with an estate planning attorney in Nashua.

Call Bernazzani Law today at (603) 261-2214 or contact us online to schedule a free consultation with our Nashua estate planning attorneys.

Commonly Asked Questions

What is the process for amending a will?

Amending a will involves creating a legal document known as a codicil, which outlines the changes you wish to make. This document must be signed and witnessed according to New Hampshire law to ensure its validity. It's important to clearly specify the amendments, whether they involve changing beneficiaries, altering asset distribution, or updating guardianship provisions.

Once a codicil is properly executed, it becomes a part of the will and should be stored with the original document. It is advisable to review your will regularly and consider amendments to reflect major life changes such as marriage, divorce, births, or changes in financial circumstances. Consulting with an attorney throughout this process ensures compliance with legal standards and helps avoid potential disputes among beneficiaries.

How can estate planning help reduce taxes in New Hampshire?

Estate planning can significantly reduce taxes in New Hampshire by utilizing various strategies such as establishing trusts, gifting assets during your lifetime, and taking advantage of tax exemptions. By carefully structuring your estate plan, you can minimize estate taxes and ensure that more of your assets are passed on to your loved ones.

Moreover, strategic planning allows for the leveraging of tax-efficient investment portfolios, providing additional savings. Comprehensive estate planning can also include the use of life insurance policies to cover potential tax liabilities, allowing for a smoother transition of wealth. Understanding and applying techniques like these not only provide immediate financial benefits but also promote long-term financial security and peace of mind for your family.

What should I include in my estate plan to protect my family?

To protect your family through your estate plan, you should include essential documents such as a last will and testament, which outlines how your assets will be distributed, and an advance directive, which specifies your medical care preferences. Additionally, consider establishing a trust to manage your assets and provide for your loved ones in a tax-efficient manner. It's also crucial to designate guardians for minor children and ensure that all documents are regularly updated to reflect any changes in your circumstances.

Beyond the basics, explore the potential of a durable power of attorney, allowing a trusted individual to manage your financial affairs if you become incapacitated. Funeral directives and pre-paid burial arrangements can also ease the burden on your family during difficult times. Engaging in regular reviews of your estate plan ensures it remains relevant and effective, safeguarding your family's financial future against unforeseen challenges.

What are the benefits of working with an estate planning attorney in Nashua?

Working with an estate planning attorney in Nashua offers numerous benefits, including personalized guidance tailored to your unique financial situation and goals. An attorney can help you navigate complex legal requirements, ensuring that your documents are valid and enforceable. They can also provide insights into strategies that minimize taxes and protect your assets. With their support, you can create a comprehensive estate plan that not only addresses your current needs but also adapts to future changes in your life, providing long-term security for you and your family.

Additionally, Nashua attorneys are familiar with local laws and regulations specific to New Hampshire, which can be integral to effectively planning your estate. They can assist in identifying potential risks and opportunities within your financial portfolio, offering peace of mind that your legacy is preserved according to your wishes. Choosing a local attorney means ongoing support and adjustments to your plan as laws and personal circumstances change.

How does probate work in New Hampshire?

Probate in New Hampshire involves the legal process of settling an estate under the supervision of the Probate Court. When a person passes away, their estate enters probate, which includes validating any existing will, identifying and inventorying the deceased's assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries. Probate ensures that any claims against the estate are resolved and that what remains is distributed according to the will or state law if no will exists.

The process begins with filing a petition in the county where the deceased lived, followed by appointing an executor or administrator to manage the estate. This role is often handled by a probate attorney who ensures compliance with all legal requirements. Executors are responsible for securing and appraising assets, notifying heirs and creditors, and eventually distributing assets. A well-managed probate process prevents unnecessary legal disputes and ensures that an estate is settled efficiently.

What factors should I consider when choosing a probate lawyer?

Selecting a probate lawyer involves several key considerations. Firstly, local knowledge is crucial; attorneys familiar with Nashua and New Hampshire probate laws can more effectively navigate the local court system. Experience in handling estates similar in size and complexity to yours is also beneficial. Look for a lawyer who demonstrates a clear understanding of your unique needs and priorities, offering personalized strategies.

Equally important are the lawyer's communication skills and their ability to foster a comfortable, trusting environment. A good probate lawyer will not only guide you through the legal process but also keep you informed at every step. Consider also their approach to cost management—clear, upfront information about fees can relieve financial stress during this challenging time. At Bernazzani Law, we focus on empathetic, comprehensive support tailored to every client's needs.

Client Testimonials

  • "They made our process smooth and easy."

    Xiorli Bernazzani and her firm were a pleasure to work with. They made our process smooth and easy. Thank you Xiorli and all of the staff at your firm!!!!

    - Denise J.
  • "Great law firm and Attorney Naro is excellent counsel."

    Great law firm and Attorney Naro is excellent counsel. He is definitely very attentive to his clients. Thank you!!

    - Marilyn R.
  • "He’s very knowledgeable about every aspect of the law and always goes above and beyond."

    Attorney Tony Naro is absolutely incredible. Not only is he a nice guy, but he’s honest and fair. He gives you realistic expectations. He genuinely cares about his clients and not just getting paid. He’s very knowledgeable about every aspect of the law and always goes above and beyond. He’s just the best out there!

    - Britney G.
  • "If you need a law firm and an attorney, this is the man you need to contact."

    Tony Naro from Bernazzani Law is by far the best attorney I have worked with for my divorce case. He is well educated, easy to work with, knowledgeable, prompt, and most of all a super nice man. If you need a law firm and an attorney, this is the man you need to contact. The whole firm as well are very good to work with. I will use him again if I ever need it. Thank you so much Tony Naro for your service as well as the whole firm.

    - Darren R.

    What Sets Us Apart From The Rest?

    Bernazzani Law is here to help you get the results you need with a team you can trust.

    • Reasonability
      Some attorneys portray themselves as bulldogs. However, being overly aggressive is not always effective. When a fight is necessary, we fight. But when it is clear that a negotiated or mediated solution can yield better results — and the client wants this — we do not hesitate to follow the more fruitful path.
    • Advocacy
      This is another way of saying "we've got your back." Retain our firm, and we will advocate for you in the strongest possible manner. We are dedicated to helping you and your family.
    • Flexibility
      Our training and experience as mediators, negotiators and litigators give us a full suite of options to bring to your legal problem. Whether a court fight or a mutually agreeable solution is in your best interest, we are flexible enough to serve you. We make ourselves available by email, phone and through our helpful and competent staff.
    • Empathy
      We listen to our clients, and we relate to their problems — always providing clients, and their concerns, the time and attention required. We believe that understanding our clients is vital to helping them resolve those problems.