New Hampshire Wrongful Death Laws

  • When someone dies in New Hampshire, their assets go to their closest relatives under “intestate succession” laws. Only those assets which would pass through your will are affected by intestate succession laws, typically including assets that you own alone in your name only.

    Read the following to understand intestacy laws in New Hampshire:

    • If the deceased has surviving children but no spouse, the children inherit all of the estate.
    • If the deceased has surviving spouse but no descendants or parents, the spouse inherits everything.
    • If the deceased has surviving spouse and descendants from the spouse as well, and the spouse has no other descendants, the spouse inherits the first $250,000 of the intestate property, plus half of the balance. The descendants inherit the rest of the estate.
    • If the deceased has a surviving spouse and descendants from you and the spouse, and the spouse has descendants from another relationship, the spouse inherits the first $150,000 of the estate property, plus half the balance of the estate. The descendants inherit the rest of the estate.
    • If the deceased has a surviving spouse and descendants from the deceased and someone other than the spouse, the spouse inherits the first $100,000 of the intestate property, plus half the balance of the estate. The descendants inherit the rest of the estate.
    • If the deceased has a surviving spouse and parents, the spouse inherits the first $250,000 of the intestate property, plus 3/4 of the balance of the estate. The parents inherit the rest of the estate.
    • If the deceased has surviving parents but no spouse or descendants, the parents inherit all of the estate.
    • If the deceased has surviving siblings but no spouse, descendants, or parents, the siblings inherit all of the estate.

    Adopted children by the deceased receive an intestate share as biological children would. Foster and stepchildren never legally adopted by the deceased will not receive a share automatically. Children placed for adoption and adopted into another family will not receive an intestacy share. Children conceived by the deceased but not born before the death will receive a share as long as they survive. Children born outside of marriage will receive a share if the court establishes paternity and the children were not adopted by another family. Grandchildren will receive a share if their parent, or the child of the deceased, has passed away before the deceased.

    To learn more about intestacy laws, visit www.nolo.com.

    If you or someone you know is dealing with the estate of a loved one, contact the experts at Meyerson and O’Neill law firm today at 877-373-8059.

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