Frequently Asked Questions

Relatives should coordinate because one well-intentioned gift can disrupt a carefully planned benefits strategy. If a person with disabilities receives money outright through a will, life insurance policy, account beneficiary designation, or direct gift, those assets may affect eligibility for needs-based programs.

A special needs trust can help when it is drafted and administered correctly, but the broader family plan matters too. Parents, grandparents, siblings, and other relatives should understand where gifts or inheritances should go so they support the loved one without creating avoidable benefit problems.

A New Hampshire family camp or vacation home needs more than a simple instruction about who inherits it. Families should decide who can use the property, who pays taxes and repairs, who makes decisions, whether spouses or future generations are included, and what happens if one heir wants out.

Depending on the family, planning may involve a trust, operating agreement, buyout structure, maintenance fund, or a clear direction to sell if shared ownership is not realistic. The goal is to protect both the property and the family relationships attached to it.

Before hiring an estate planning attorney, ask whether the attorney includes family meetings when appropriate, explains fees before work begins, works directly with clients, handles New Hampshire and Massachusetts issues if needed, and has a clear process for updating the plan later. The answers can tell you whether the firm is focused on a working long-term plan or just the transaction of drafting documents.

Estate planning is personal. The attorney should understand your family, your assets, your concerns, and what needs to happen if someone dies, becomes incapacitated, or needs help using the plan years from now. Asking these questions up front can help you choose a relationship that fits the way your family actually needs support.

A properly drafted special needs trust can hold assets for a person with a disability while preserving eligibility for means-tested benefits such as Medicaid or Supplemental Security Income. Instead of giving money directly to the beneficiary, the trust can provide supplemental support without turning those funds into countable resources in the same way a direct inheritance might.

The right structure depends on whose money funds the trust, the beneficiary's benefits, the trustee's role, and New Hampshire and federal program rules. Families should not rely on informal promises that another relative will manage money for the beneficiary. A formal trust provides clearer protection, accountability, and long-term planning.

Newlyweds should review beneficiary designations, update or create wills, prepare durable powers of attorney, sign healthcare directives, and look carefully at how real estate and financial accounts are titled. Marriage changes a couple's legal and financial life, but it does not automatically update every account, document, or decision-maker.

This is especially important if either spouse had prior estate planning documents, retirement accounts, life insurance policies, or property before the marriage. A short review after the wedding can help make sure the person you just married is actually protected if something unexpected happens.

The permanent $15 million federal estate tax exemption means most New Hampshire families will not owe federal estate tax. That is good news, but it does not eliminate the need for an estate plan. Probate, incapacity planning, beneficiary designations, trust funding, Medicaid planning, and family decision-making still matter regardless of the federal tax threshold.

Families should review older estate plans to make sure tax formulas, trust language, and beneficiary designations still fit the current law and their current lives. The exemption change may reduce one concern, but it does not answer who can act for you, who receives assets, or how your family avoids unnecessary court involvement.

As of 2025, the average cost of a semi-private nursing home room in New Hampshire exceeds $10,000 per month , one of the highest rates in the country. Families typically pay for long-term care through: (1) private pay (using personal savings), (2) long-term care insurance, (3) Veterans' Aid and Attendance benefits (if the resident or spouse is a veteran), or (4) Medicaid after qualifying. Without a plan in place, nursing home costs can rapidly deplete a lifetime of savings. Early legal planning through irrevocable trusts, spend-down strategies, and benefit applications can dramatically reduce financial exposure. Contact Sowerby & Moustakis Law at 603-249-5925 to learn what options are available for your family.

Medicaid (called NH Medicaid or DHHS in New Hampshire) is a joint federal-state program that can pay for long-term nursing home care once an individual's assets fall below a certain threshold. Medicaid planning involves legally arranging your finances , well in advance of needing care , so that you or a loved one can qualify for benefits while preserving as much of your estate as possible for your family. New Hampshire has a 5-year 'look-back' period, meaning asset transfers within 60 months of applying can trigger a penalty period of ineligibility. Proper planning requires early action. Sowerby & Moustakis Law specializes in Medicaid planning for New Hampshire seniors. Call 603-249-5925 to start planning today.

A will is a document that directs how your assets are distributed after death, but it must pass through New Hampshire's probate court before your beneficiaries receive anything , a process that can take months to years and is a matter of public record. A revocable living trust, by contrast, holds your assets during your lifetime and passes them directly to beneficiaries upon death, bypassing probate entirely. This means faster distribution, greater privacy, and potentially lower overall costs for your estate. A trust also provides continuity if you become incapacitated , your successor trustee can manage your assets without court intervention. The right choice depends on your goals and assets. Sowerby & Moustakis Law can help you evaluate both options. Call 603-249-5925.

Yes , estate planning is not just for the wealthy. Without a will, New Hampshire's intestate succession laws will determine who inherits your assets, and those rules may not reflect your wishes. Beyond distributing property, a comprehensive estate plan also names who will make medical and financial decisions for you if you become incapacitated (through a Durable Power of Attorney and Advance Directive), appoints a guardian for minor children, and can help your loved ones avoid a lengthy probate process. Even a modest estate can benefit significantly from proper planning. Sowerby & Moustakis Law works with individuals and families at every stage of life. Call 603-249-5925 to schedule a consultation.

It depends on your goals. Wills direct who inherits property, while trusts can help avoid probate and provide flexibility. Many families benefit from both.

The state distributes your property under intestacy laws, which may not reflect your wishes.