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The surviving spouse is the sole Settlor/Trustee/Beneficiary if one dies. In short, nothing changes. The surviving spouse manages the Trust and its assets as they see fit. For example, if the surviving spouse desires to, they can amend the Trust, add or remove assets, change future beneficiaries, etc.
How to Create a Living Trust in New Hampshire Take stock of your property. It's important to know exactly what you own and what you want to place into your trust. ... Pick a trustee. ... Create a trust document. ... Sign the trust document in the presence of a notary public. Fund your trust by moving your property into it.
In New Hampshire an annual accounting of a trust is required to be filed with the court system once the trust becomes irrevocable (upon your death), so there is some transparency. While a living trust does not technically shield your assets from creditors, in practice, it can help avoid them.
No Income or Capital Gains Tax One potential benefit to administering a trust in New Hampshire is income and capital gains tax savings. Generally, irrevocable trusts that are administered in New Hampshire (and which are not taxed to the grantor) are not subject to state income or capital gains tax.
In New Hampshire, the cost of setting up a basic Revocable Living Trust generally ranges from $1,000 to $3,000. More complex trusts may cost even more.