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Is There Per Stirpes Distribution in New Hampshire When Will Maker Dies Before the Heir?

Is There Per Stirpes Distribution in New Hampshire When Will Maker Dies Before the Heir?

Full question:

In New Hampshire, If the Last Will and Testament stipulates that the estate will be split equally amongst the Children (and does not specify living or dead), and one Child is no longer living, does the estate get split only to living children or does the portion of the estate for the person who is no longer living go to his/her children?

Category: Wills and Estates
Date: 04/07/2025
State: Virginia

Answer:

Under per stirpes distribution, when the beneficiary dies before the person whose estate is being divided, children of the beneficiary take among them the share which their parent would have taken had he survived the decedent. The children stand in a representative capacity to their parents. When the testator (will maker) doesn't specify how a bequest made to a deceased heir is to be made, NH statutes provide for per stirpes distribution, so that the heir's share go to his/her heirs.

Please see the following NH statute:

551:12 Heirs of Legatee.

The heirs in the descending line of a legatee or devisee, deceased
before the testator, shall take the estate bequeathed or devised, in the
same manner the legatee or devisee would have taken it if he had
survived.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the intestacy in New Hampshire?

Intestacy in New Hampshire occurs when a person dies without a valid will. In such cases, the estate is distributed according to state intestacy laws. Typically, the estate goes to the deceased's closest relatives, starting with the spouse and children. If there are no direct descendants, the estate may pass to parents, siblings, or more distant relatives. New Hampshire law outlines the specific order of inheritance in these situations. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Does a will in NH need to be notarized?

In New Hampshire, a will does not need to be notarized to be valid. However, it must be signed by the testator and witnessed by at least two individuals who are not beneficiaries. While notarization is not required, it can help in proving the will's authenticity during probate. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What are the three basic requirements of a valid will?

To be valid in New Hampshire, a will must meet three basic requirements: first, the testator must be at least 18 years old; second, they must be of sound mind, meaning they understand the nature of making a will; and third, the will must be in writing and signed by the testator in the presence of two witnesses who also sign it. These requirements ensure the testator's intentions are clear and legally enforceable. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is a child entitled to when a parent dies with a will?

When a parent dies with a will in New Hampshire, a child is entitled to the share of the estate as specified in the will. If the will includes specific bequests or a percentage of the estate, the child will receive that amount. If the will is silent on the child's share, they may still be entitled to a portion of the estate under intestacy laws if there are no other living beneficiaries. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How is an estate divided with a will?

In New Hampshire, an estate is divided according to the terms outlined in the will. The executor is responsible for ensuring that the assets are distributed as specified. If the will clearly states how the estate is to be divided among beneficiaries, those instructions are followed. If a beneficiary has died, their share typically goes to their heirs under the per stirpes rule, unless the will states otherwise. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is a valid will in New Hampshire?

A valid will in New Hampshire is a legal document that meets specific requirements: it must be in writing, signed by the testator, and witnessed by at least two individuals who are not beneficiaries. The testator must be at least 18 years old and of sound mind when creating the will. If these criteria are met, the will can be enforced during probate, ensuring the testator's wishes are honored. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*