New Hampshire Revised Statutes 383-D:4-402 – Family Member
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(a) Subject to subsections (a) and (b), “family member” means any of the following individuals:
(1) The designated relative;
(2) Except as otherwise provided in subsection (b), an individual who is within (i) the fifth degree of lineal kinship to the designated relative or (ii) the ninth degree of collateral kinship to the designated relative; or
(3) A spouse or former spouse of an individual described in subsection (a)(1) or (a)(2).
(b) In lieu of the method for determining family members under subsection (a)(2), a family trust company may elect to treat as a family member any individual who is the designated relative’s lineal descendant and is not more than 10 generations removed from the designated relative. A family trust company that wishes to use this alternate method shall make the election on its application under N.H. Rev. Stat. § 383-D:5-502 or file with the commissioner a notice in accordance with N.H. Rev. Stat. § 383-D:10-1003.
(c) For purposes of subsections (a)(2) and (b), a family member’s child includes the family member’s adopted child, stepchild, or foster child or an individual who was a minor when the family member became that individual’s guardian.
(d) For purposes of this section, “lineal kinship” means a family member who is in the direct line of ascent or descent from the designated relative, and “collateral kinship” means a relationship that is not lineal, but stems from a common ancestor. Degrees are calculated by adding the number of steps from the designated relative through each person to the family member either directly in the case of lineal kinship or through the common ancestor in the case of collateral kinship.
(1) The designated relative;
Terms Used In New Hampshire Revised Statutes 383-D:4-402
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lineal descendant: Direct descendant of the same ancestors.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(2) Except as otherwise provided in subsection (b), an individual who is within (i) the fifth degree of lineal kinship to the designated relative or (ii) the ninth degree of collateral kinship to the designated relative; or
(3) A spouse or former spouse of an individual described in subsection (a)(1) or (a)(2).
(b) In lieu of the method for determining family members under subsection (a)(2), a family trust company may elect to treat as a family member any individual who is the designated relative’s lineal descendant and is not more than 10 generations removed from the designated relative. A family trust company that wishes to use this alternate method shall make the election on its application under N.H. Rev. Stat. § 383-D:5-502 or file with the commissioner a notice in accordance with N.H. Rev. Stat. § 383-D:10-1003.
(c) For purposes of subsections (a)(2) and (b), a family member’s child includes the family member’s adopted child, stepchild, or foster child or an individual who was a minor when the family member became that individual’s guardian.
(d) For purposes of this section, “lineal kinship” means a family member who is in the direct line of ascent or descent from the designated relative, and “collateral kinship” means a relationship that is not lineal, but stems from a common ancestor. Degrees are calculated by adding the number of steps from the designated relative through each person to the family member either directly in the case of lineal kinship or through the common ancestor in the case of collateral kinship.