New Hampshire Certificate or Memorandum of Trust Agreement

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Multi-State
Control #:
US-02330BG
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Description

In most states a certificate or memorandum of a trust agreement which conveys or entrusts an interest in real property may be recorded with the land records clerk of the appropriate county in lieu of the entire trust agreement. The certificate must be executed by the trustee and it must contain the following: (a) the name of the trust; (b) the street and mailing address of the office, and the name and street and mailing address of the trustee; (c) the name and street and mailing address of the trustor or grantor; (d) a legally sufficient description of all interests in real property owned by or conveyed to the trust; (e) the anticipated date of termination of the trust; and (f) the general powers granted to the trustee.

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FAQ

How much does a Trust cost in New Hampshire? 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.

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. New Hampshire does have an interest and dividends tax, but irrevocable trusts administered in New Hampshire are not subject to this tax.

New Hampshire trust law allows for decanting, a process by which a trustee creates a new trust and transfers assets from an old trust to the new trust, enabling some level of trust modification (and modernization) of the old trust.

The trust agreement is the parent document that details anything and everything regarding the trust, including its agreements. Meanwhile, the certificate of trust is used in tandem to keep nonessential information confidential.

To create a living trust in New Hampshire, you sign the trust document in front of a notary public.

You may be able to avoid probate in New Hampshire by: Making a Revocable Living Trust. Titling property: Joint Tenancy.

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.

New Hampshire law allows for the creation of trusts that protect trust assets against a settlor's or beneficiary's creditors.

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New Hampshire Certificate or Memorandum of Trust Agreement