Stephanie K. Burnham’s Answers

Stephanie K. Burnham

Bedford Estate Planning Attorney.

Contributor Level 6
  1. Grandpa's left money in POD account, Dad wants money, and do I need to pay Federal tax on it?

    Answered over 2 years ago.

    1. Carol A. Morris
    2. James P. Frederick
    3. Stephanie K. Burnham
    3 lawyer answers

    Please accept my condolences on the passing of your Grandfather. POD stands for “Payable on Death” and it is considered a Beneficiary Designation made to exclude funds from the Probate Estate and the Last Will & Testament. It is important to understand the relationship between a Last Will & Testament, Probate Court and Beneficiary Designations. The Last Will & Testament is designed to inform the Probate Court who your Grandfather wanted to be his Executor and where his assets that are...

    5 lawyers agreed with this answer

  2. If i was to kidnap my niece because of serious reasons what can happen?

    Answered almost 4 years ago.

    1. Stephanie K. Burnham
    1 lawyer answer

    There are serious legal ramifications to taking action in this matter. Kidnapping is a Federal Offense and will result in incarceration. You need to speak with an attorney that handles Guardianships in New Hampshire. In order for you to have the right to remove your niece from this environment you will need to become her legal guardian. A large issue is going to be what proof you may have to overcome your sister's parental rights. There may be actions you can take behind the scenes to...

  3. What can be done when a LLC partner removes himself from the partnership ?

    Answered almost 4 years ago.

    1. Stephanie K. Burnham
    2. Steven J. Fromm
    2 lawyer answers

    In addition to retaining a Corporate Litigation Attorney, you also need to find any operating agreements, or other documents that were signed by the partners to determine if there are any rules or other determinations of how a partner is supposed to leave an LLC and bring them with you to meet with the attorney. I would further suggest protecting all financial records and assets of the business, if possible, by ensuring you have a secure copy.

  4. What would be considered good grounds for suing a roommate?

    Answered almost 4 years ago.

    1. Stephanie K. Burnham
    1 lawyer answer

    The Lease and state law would be the most important in evaluating whether or not you have recourse against your roommate. However, would you really want to sue your roommate while you are all still living in the same property? A verbal agreement is going to be difficult to prove especially if the roommate denies he/she ever entered into an agreement. You may want to consider equity, or suing your roommate because he/she benefitted from the utilities and used the utilities and therefore...

  5. I live in NH. What are homestead laws if family members are being sued for monetary damages. Wife and I are on mortg, and deed.

    Answered almost 4 years ago.

    1. Stephanie K. Burnham
    1 lawyer answer

    The short answer is: possibly. The New Hampshire Homestead rules protect up to $100,000 in equity in a personal residence. It is possible, if there is more than $100,000 of equity in the home, that the person suing could ask that the Court partition the property. Since real estate can not be divided the Court could ask that it be sold to pay some portion of the debt, however, it is not a likely choice in this economy. It is more likely that a lien will be sought on the property to protect the...

  6. My father died last month and I am one of two executors of his trust. I have yet to hear from the his lawyer.

    Answered almost 4 years ago.

    1. John L Roberts
    2. Magali C. Black
    3. Stephanie K. Burnham
    4. Steven J. Fromm
    4 lawyer answers

    Your first step is to get the orginal Last Will and Testament or a copy of the Trust document, depending on which document you are the administrator of. If you believe that the attorney has the original Last Will and Testament, you should follow up with the attorney's office. If you still do not receive a response, you may want to contact an attorney to represent your interests and to contact the drafting attorney to obtain the document. Once you have the original document your next step...

  7. Bank wants to reposess car on late fees

    Answered almost 4 years ago.

    1. Stephanie K. Burnham
    1 lawyer answer

    More information is necessary for a full answer suggesting all of the options available to you. Some questions are: How were you notified that the loan was paid? Was it in writing? Do you have evidence of the payments showing that the loan is paid in full? Do you have a copy of your original loan documents? You may be able to negotiate the reduction of these fees, without having to take any Court action, by making a settlement offer on the remaining balance. For example, you could...

  8. How can i withdraw a case that i open in probate court

    Answered almost 4 years ago.

    1. Stephanie K. Burnham
    1 lawyer answer

    You can request that the Estates be administered by a process called Summary Administration or even Waiver of Administration if there are no assets. All that is necessary is that there are no funds to administer, that the surviving spouse or children are the beneficiaries and the case be open for a minimum of 6 months. This will prevent the necessity of filing documents with the Court.