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New Hampshire Law Blog

An overview of civil litigation

If you are involved in a dispute with someone else, you may find the situation becoming more frustrating and time consuming. When such a dispute involves your business, it can mean diverting valuable time and resources to the issue with no end in sight. However, even if the matter is personal, you may find yourself taking time away from your job and family while you protect your rights.

One way to resolve such a situation is through civil litigation. Taking this step is appropriate when the dispute is costing you money or preventing you from exercising your rights. It is different from a criminal trial because the results will not include criminal penalties, such as jail. Instead, you are looking for a legal decision that will compensate you for your loss and clarify your rights. Civil litigation can be complex and challenging, but it may be the surest way to reach a resolution.

What to consider if you have real estate in more than one state

Many families in New Hampshire have more than one place they call home. Some have a beach house in Florida, others have a cabin in the north they like to visit during the summer. These retreats hold many memories for the property owners, and soon they will have to decide who will make new memories there in the future.

Out-of-state real estate is one of the more complicated assets to include in your estate planning. Most of your will or trust revolves around what you have in your home state and city, so this means your heirs will have to deal with ancillary probate, an additional process that can lead to additional taxes and court fees. There are strategies to work around this, but you may want to think about the following factors first:

Who should I choose as my agent in a durable power of attorney?

If you have decided that a durable financial power of attorney makes sense for your situation, you must decide who to choose as your agent. Your agent is the alternate decision-maker that you name in your power of attorney document. This trusted person will be responsible for helping you manage your financial affairs.

Financial affairs can be sensitive, and due to your agent’s involvement in these affairs, the potential for financial abuse exists. This type of abuse usually involves an agent misusing the principal’s money for personal gain. The potential for financial abuse may seem intimidating, but you can minimize the risk of that occurring if you use care and good judgement when selecting your agent.

When is the right time to seek guardianship for a parent?

As your parents age, you may find yourself taking over more and more responsibilities. It may start with checking in with your parents more frequently or taking over yard work. However, as your parents age, you might begin to wonder if a parent may need more substantial help.

Maybe your mom had no food in her kitchen when you last visited. Perhaps the power was recently cut off at your dad’s house. If you noticed something potentially serious, it might be worth considering if your parent needs a guardian.

3 Common mistakes made by startup companies

Running your own business may feel like the ultimate dream. After all, you’re working towards something you’re passionate about and you get to be your own boss. What’s not to like?

Unfortunately, many ambitious entrepreneurs start a business without an idea of what it’s going to take to maintain momentum. Because of that, they soon start making mistakes like these:

Five qualities to look for in a business partner

Finding the right business partner is similar to dating; you may have to try several different options until you meet the right person for you. Unfortunately, there isn’t a Tinder app for business partners.

You have to know what you are looking for and what a partner could contribute to your company. Once you know what qualities you want, you narrow down the selection pool for a partner and find the perfect match.

Consider establishing a living, revocable trust

A living trust, often called a revocable trust, is becoming favored by retirees as they begin to make end-of-life arrangements.

Trusts are a legal device in which property is transferred to the trust and governed according to the rules of a contract. A trustee manages the property under these rules for the financial benefit of other people.

Updating your estate plan is crucial for meeting long-term goals

When it comes to planning for the future, creating and maintaining a comprehensive estate plan is a productive and essential step. Having an updated estate plan can lend you the peace of mind that your wishes and goals are in place as you age. Not only is it important to create an estate plan in New Hampshire, but it is crucial that you continue to update these plans over time.

Once you’ve taken the step of creating an initial plan, only a portion of the work of long-term planning is complete. It may be tempting to think that you’ve done all the necessary work in formulating a plan, but that work could be unusable down the line if an estate plan becomes outdated.

Filing a valid claim against a construction contractor

After a construction contractor completes work on your home, you find a serious defect. Perhaps the contractor provided faulty wiring or incorrectly installed piping. Your family experiences real damages – You cannot eat dinner without your lights flickering or your bathroom spontaneously flooding.

New Hampshire provides the opportunity for you to file a damage claim outside of court against your contractor. You must follow specific steps, but you have the ability to have the situation revised of no charge, or you can receive considerable damages. The court recognizes a contractor’s need to provide due care when completing work, but it also recognizes the contractor’s ability to remedy an undesirable situation if necessary. When dealing with filing legal documents within construction dispute claims, you may wish to speak to an experienced real estate attorney to help you in your quest for resolution or compensation.

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