New Hampshire Sample Letter regarding Motion to Sell Property of an Estate [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Probate Court Clerk's Name] [Probate Court] [Address] [City, State, Zip Code] Subject: Motion to Sell Property of [Estate Name], Case No. [Case Number] Dear [Probate Court Clerk's Name], I hope this letter finds you well. I am writing to respectfully submit a Motion to Sell Property of the [Estate Name], Case No. [Case Number], currently under the jurisdiction of the [Probate Court]. As a concerned party, I am seeking authorization to sell a property owned by the estate for the purpose of ensuring an efficient and just distribution of the estate's assets. I kindly request the court's permission to proceed with the sale, as outlined in the following details: 1. Property Information: — Property Address— - Description of the property: — Title details, including ownership and any liens or encumbrances: 2. Justification for Sale: — Provide a detailed explanation as to why the property sale is necessary, including any financial obligations, outstanding debts, or pending legal matters associated with the estate. — State any potential risks if the sale is delayed, such as increased costs, property devaluation, or problems in settling the estate distribution. 3. Proposed Sale Method: — Describe the proposed method of sale, such as listing with a real estate agent, engaging an auctioneer, or obtaining offers through a commercial property sale process. — Explain how the chosen sale method will achieve a fair market value for the property. 4. Marketing and Advertising Strategy: — Outline the marketing and advertising plan to attract potential buyers and maximize property exposure. — Include details about targeted platforms, real estate listings, and potential outreach to local and regional investors or interested parties. 5. Sale Terms and Conditions: — Provide draft terms and conditions of the proposed sale, including suggested timelines for buyer inspections, offers, and the closing process. — Mention any special requirements or terms identified for the sale, such as minimum bid amounts, contingencies, or property condition disclosures. 6. Proposed Use of Sale Proceeds: — Specify how the sale proceeds will be disbursed among the estate beneficiaries or creditors, considering any specific instructions or priorities outlined in the decedent's will or relevant laws. Enclosed with this letter, please find supporting documents, including relevant property records, a detailed appraisal report, if available, and any other pertinent information that can aid in your decision-making process. I respectfully request an expedited review of this Motion to Sell Property, as timely action is essential in resolving the estate matters. Please let me know if there are any additional documents required or if I need to provide any further information in support of this motion. Thank you for your attention to this matter, and I remain at your disposal for any questions or clarifications relating to this request. Sincerely, [Your Name] [Your Signature] Enclosures: — Property Record— - Appraisal Report - Additional Supporting Documents (if applicable)
New Hampshire Sample Letter regarding Motion to Sell Property of an Estate
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CLOSING THE ESTATE You must file it, along with a filing fee, with the Circuit Court Probate Division for its approval. Once the final account is accepted by the court, you should make the final distribution of assets.
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.
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.
In New Hampshire, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Within 30 days of knowledge of death, the nominated administrator shall file the will with the Court and: If the estate has assets, shall cause the will to be proved or shall file a declination of nomination; or. If the estate has no assets, shall provide a certificate of death for the decedent, RSA 5.
In New Hampshire, a surviving spouse has the right to claim what is referred to as an ?elective share? of their deceased spouse's estate. The elective share option ensures that a surviving spouse can receive a share of their late spouse's estate, even if their spouse's will or revocable trust states otherwise.
By using a living trust, you can avoid the necessity of the probate process for any assets that are held by the trust, and the distribution of those assets can take place immediately following your death. The living trust works to avoid probate because the trust itself owns any assets you transfer into it.
You may be able to avoid probate in New Hampshire by: Making a Revocable Living Trust. Titling property: Joint Tenancy.
