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Elder Law, Estate Planning & Probate FAQs

COVID-19 Elder Law, Estate Planning & Probate FAQs

Our experienced Elder Law, Estate Planning & Probate attorneys are here to help protect you in the present and the future. We understand many are facing difficult circumstances due to COVID-19. Here are some frequently asked questions and answers for your immediate convenience.

Federal, state and local governments are rapidly responding with emergency orders, and new laws and regulations. Given the fluidity of the situation, we recommend reaching out to a member of our team for specific counsel.

To speak to an attorney, please call 800-451-1002.

I have a case pending before the Probate Division – what happens now?

Updated 3.23.20

New Hampshire State Courts, including the Probate Division, have cancelled all in-person proceedings through April 6, 2020, with certain exceptions. All deadlines have been extended through April 7, 2020.

If your pending matter had a hearing scheduled between today and April 6, 2020, your attorney will contact you regarding rescheduling options available in your particular case. If your hearing was related to a request for emergency relief in a Guardianship matter, your hearing may still move forward. Your attorney will be in touch to discuss the proceedings and options for telephonic appearance, if appropriate.

Even though hearings are being rescheduled, your matter may still move forward through negotiation, alternative dispute resolution or motion practice, if appropriate.

Can I still file new actions in the Probate Division?

Updated 3.23.20

Yes, the Courts are still open and accepting pleadings.

Petitions for Estate Administration can be filed electronically. The Court is still processing these requests and granting them in due course. If you have specific question regarding a new estate matter, please call our intake specialist to discuss – 800-451-1002.

Guardianship actions may also be filed electronically. If you have an immediate need for a guardianship over a loved one, please call our intake specialist to be directed to an attorney who may be able to help. The Probate Court is still entertaining in-person hearings on emergency matters. Your attorney will be able to help you determine whether your matter may qualify.

Other actions, including those seeking equitable relief, may also be filed at this time. As part of our remote office network, Shaheen & Gordon, P.A. is able to prepare and file new actions with the Probate Division. Contact your attorney to discuss available options.

I need immediate authority to make medical decisions for a loved one – what are my options?

Updated 3.23.20

In the absence of an activated healthcare power of attorney, you may be able to file a Petition for Guardianship, requesting emergency relief from the Court. Your attorney can help you determine whether your matter meets the Court’s requirements for an emergency hearing.

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