Salem Community Patriot 10 - June 11, 2010
Piece of the Pie Maintaining Your
The Basic Terms Of A Will (Part 2)
The previous article covered some of the basic terms of a Will; this article will complete the discussion of basic Will terms. (NH). Guardian for Minor Children: If you have children under the age of
18, you can appoint a guardian in your will to care for them if you die before they reach legal age. This is called a "guardianship of the person" who would be responsible for the personal welfare of a minor child, in contrast with a "financial" guardian. The guardianship appointment is only a suggestion to the Court as to who you would want to act as guardian; the Court will give strong preference to the deceased parent's wishes, but the Judge has the final decision for the appointment. Trust for Minor Children: You can include a Trust for Minor Children
provision in your Will; this Trust provision allows you to specify the age upon which any minor children can access the property that they inherit, so that they will not be able to "spend" their money foolishly when they are not mature enough to handle it. When you include this type of Trust provision in the will, you will also appoint a Trustee to handle the inheritance (sort of a "financial guardian" for the children's money). It is often better to include this provision in a separate Trust, which is funded through the Will; howevr, it is perfectly acceptable to create a Minor's Trust in your Will. Simultaneous Death Provisions: Although it is very unlikely, family members can die in a "common" accident or disaster. In those situations, there may be no way to prove who died first; this is a significant problem, since a beneficiary must "survive" the Testator (person making the Will) in order to inherit. In 1999, New Hampshire law was changed to provide specific ways for deciding who is deemed to survive in a "common" accident or disaster, and therefore who will inherit. If this sounds unfair, it isn't; under New Hampshire law, in order to inherit under a Will,a beneficiary must survive a testator by at least 120 hours. Also, if property is held jointly with rights of survivor- ship (JTROS), and there is no proof as to who died first, the property passes in equal shares to the co-owners' respective estates. This actually results in 2 estates; however, for spouses who are joint property owners and whose children are all from that marriage, we normally include a Will provision that creates a presumption that one or the other legally "survives", so that the property passes only through 1 estate.
Intentional Omissions: This clause allows you specify any persons
you want to exclude from claiming a share in your will. There is no need to name potential beneficiaries unless they are part of your bloodline; as discussed in a previous article, although you can disinerit your children, you can omit your spouse from your will, but he/she will still be entitled to a "legal share" of your estate. The Intentional Omissions clause is often used to omit family members who are receiving (or are likely to receive) public benefits such as state welfare or Medicaid, and who would be disqualified by receiving an inheritance. Executor's Powers: This section explains in detail the Executor's
powers. Although an Executor's powers, by law, are very broad, it is wise to provide the Court with specific powers that the Executor can have, such as the power to sell real estate without the prior approval of the Court. New Hampshire has adopted the Uniform Trustees' Powers Act, which lists standard powers conferred on a Trustee; my will form incorporates those Powers. Definitions: The final provisions of my Will form include definitions of legal terms used in the Will. Even though legal terms are defined by "law", it is helpful to the Court to know, for example whether or not the Testator intended for a beneficiary to receive real estate subject to a mortgage, versus free and clear.
Next time, we will cover other Estate Planning Documents.
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Obituaries Stanley E. Koza
Stanley E. Koza, 97, of Salem, died May 28, 2010, at the Pleasant Valley Nursing Center in Derry. He resided in Salem with his wife Lorraine (Lemieux) Koza,
with whom he shared 62 years of marriage. He served as a Staff Sergeant in the Army during World War II and was awarded the Purple Heart. In addition to his wife he is survived by two children, three
grandchildren, and one great-grandchild. At the request of the family, services were private and under the care of Douglas & Johnson Funeral Home, 214 Main Street, Salem. To send a message of condolence to the family, please view the obituary at
www.douglasandjohnson.com.
James V. Nicosia
James V. Nicosia, 83, of Salem, died June 6, 2010, at the Salemhaven Nursing Home in Salem. He was born and educated in Lynn, MA.
He was a resident of Salem for the past 41 years. Mr. Nicosia was a retired manager for
Lucent Technologies in North Andover, MA. He was also an electrician and owned his own business. Jim was an Army veteran, serving during World War II, and was a
member of the American Legion Post in Salem. Jim loved to sing and was a member of the Salem Senior Singers, and the Sunshine Spreaders of the VFW. He was a former member of St. Joseph Church in Salem where he was a member of the choir. Jim loved to help people and fix things for them. He was also an avid bridge player and was a life master in contract bridge.
He is survived by his wife of 55 years, Annamarie (Pitzi) Nicosia of Salem; a son, Joseph and his wife Margaret Nicosia of Westford, MA; two daughters, Maryanne Nicosia and her husband William Tarmey of San Diego, CA, and Andrea and her husband Alan Zalewski of Pelham; brother-in-law, Vincent and his wife Patricia Pitzi of Enfield, CT; grandchildren, Jennifer and Jill Zalewski, and Kathryn Nicosia; and several nieces and nephews. A funeral Mass was celebrated June 10 at St. Joseph Church,
Salem.
Memorial donations may be made to St. Jude’s Children’s Hospital, 501 St. Jude Place, Memphis, TN 38105, or to Salemhaven Nursing Home Activities Fund, 23 Geremonty Drive, Salem, NH 03079. Douglas and Johnson Funeral Home, 214 Main St., Salem, had care of the arrangements. To send a message of condolence to the family, please view the obituary at
www.douglasandjohnson.com.
Jean E. (Kimball) Minnon Jean E. (Kimball) Minnon, 79, of
Derry, died June 4, 2010, at Parkland Medical Center in Derry. Jean was born and educated in
Milton. She was a resident of Derry for the past five years, and formerly of Salem. Jean was a retired store clerk for
McGowan Educator Cracker Co. She enjoyed spending time at the lake and loved spending time with her family.
Jean was eagerly anticipating the birth of her first great- grandchild in October. She was predeceased by her husband, Joseph Minnon; her daughter, Deborah Clark; and her three sons, Joseph, James,
and Douglas Minnon. She is survived by her devoted son, Gregory Minnon of Salem; grandson, David Minnon and his wife Alexis of Salem; granddaughter, Shaina Clark; brother, Thurston Kimball of Arizona; brother-in-Law, George Minnon and his wife Maddie of Laconia; and long-time devoted friend, Terry (Longo) Gaffney. Funeral services were held June 9 at Douglas and Johnson
Funeral Home, 214 Main St., Salem. Burial followed in Pine Grove Cemetery, Salem. Memorial donations may be made to the Pleasant Valley Nursing Center Activities Fund, 8 Peabody Road, Derry, NH 03038. To send a message of condolence to the family, please view the obituary at
www.douglasandjohnson.com.
Irene D. (Vallancourt) Houle Stanley Irene D. (Vallancourt) Houle
Stanley, 83, of Windham, died June 8, 2010, at her home. She was born in Lawrence,
MA, where she grew up and was educated and graduated from Sacred Heart High School. She was a long-time Salem resident; she moved to Windham after raising her family in Salem. Irene retired from Western
Electric in North Andover, MA. She was a member of the Derry-Salem Elks Emblem Club. She enjoyed crocheting and doing craft fairs. Most of all she enjoyed spending time with her family. She was predeceased by her brother and sister, Roger
Vallancourt and Doris Dube. She is survived by five daughters, Claire and her husband
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Gilbert Armstrong of Derry, Delores “Dolly” and her husband Robert Dennis of Salem, Janet and her husband Charles Curtis of Haverhill, MA, Linda A. and her husband Daniel Bresnahan of Windham, and Mary Lou and her husband Robert Anderson of Windham; four sons, James L. and his wife Diane Houle of Derry, Thomas and his wife Elizabeth Houle of Salem, Gerard Houle of Franklin, Richard and his wife Sandra Houle of Salem; brother, Gerard Vallancourt of Methuen, MA; former husband, Roland Houle of Windham; 19 grandchildren, 17 great-grandchildren, one great-great- grandchild; and several nieces and nephews. Funeral services will be private for the family; burial will be in Pine Grove Cemetery, Salem. The Douglas and Johnson Funeral Home in Salem had care
of arrangements. To send a message of condolence to the family, please view the obituary at
www.douglasandjohnson. com.
Antiques
Christopher Scala’s
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Antiques - Collectibles Artwork
Salem, NH
(603) 401-9707 Fineantiques67@
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Goundrey & Dewhirst Sky Precious
$15 Rabies Shots* $35 Microchipping $10 Nail Clipping Due to the overwhelming
demand at our April Clinic, ARNNE will be hosting another
Rabies & Microchip Clinic on Saturday, June 26th from 8:00 - 10:00 AM at the First
Congregational Church on Main Street in Pelham, NH. Nail clipping will be offered as well by Ellen from PetStyles.
*Please bring proof of current rabies certificate and get a 3 year shot vs a 1 year Immediately following the clinic, ARNNE
Lucky
603-635-2211 Phineas
Davey
will host their Pet Adoption Day from 10:00 - 1:00. Please come by and meet our dogs.
Suzy
For a complete listing of our dogs please visit
www.arnne.org.
Specks Ad sponsored by Beaver Valley Farms, Pelham, NH Jack & Jill
Funeral & Cremation Care Albert A. Abdallah • Richard C. Dewhirst, CPC, CFSP
www.dewhirstfuneral.com
42 Main Street, Salem, NH 898-2181
Remind your neighbors to recycle and help preserve our planet’s natural resources.
DOUGLAS & JOHNSON FUNERAL HOME, INC.
& Cremation Services
Recycle: Newspapers Aluminum Plastic Glass
214 Main Street, Salem, NH (603)898-8848
www.douglasandjohnson.com Susan Douglas Hopkins
Recycling just a little now can make a big difference for future generations.
J.Tyler DouglasA message courtsey of:James L. Johnson Area News Group 17 Executive Dr, Suite One • 880-1516
Robert S. Carrier
Remind your neighbors to recycle and help preserve our planet’s natural resources.
Recycle: Newspapers Aluminum Plastic Glass
Recycling just a little now can make a big difference for future generations.
A message courtsey of:
Area News Group 17 Executive Dr, Suite One • 880-1516
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