New Hampshire Revised Statutes 464-A:20 – Authorization of Action by Spouse or Next of Kin
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In the absence of appointment of a conservator for an absentee under N.H. Rev. Stat. § 464-A:17, the spouse of any absentee as defined in N.H. Rev. Stat. § 464-A:2, or the next of kin if the absentee has no spouse, may apply to the probate court for authority to act with respect to a particular item or portion of the absentee’s property, or a particular matter requiring the consent of the absentee regarding the absentee’s children, or any other particular matter requiring consent or action on behalf of the absentee, in accordance with the following:
I. Where the value of the property or other subject matter is less than $5,000, the application shall set forth, under oath, the following: the name of the applicant, the applicant’s relation to the absentee; the exact circumstances under which the absentee qualifies as such, including the date the absentee was first known to be missing, interned, beleaguered, besieged or captured; a description of the property or other matter for which the applicant seeks authority to act; the value thereof; the reason for which the applicant seeks authority to act; and the action which the applicant proposes. The court shall, without hearing or notice, approve the application if it deems the proposed action to be in the best interest of the absentee or of his or her dependents. A copy of the application with the court’s approval thereon, certified by the clerk, shall constitute prima facie evidence of the validity of the proceeding and the authority of the applicant to act in accordance with the approved application. The clerk shall provide up to 5 such copies to the applicant, free of charge.
II. Where the value of the property or other subject matter is $5,000 or more, the application shall set forth, under oath, in addition to the information required in paragraph I, the following: the names, addresses and ages of the spouse, children, father, mother, brothers, sisters, or if none of these are living, the next of kin of the absentee; the names, addresses and ages of any other person who would have an interest in the property or the estate of the absentee if he or she were deceased; whether or not the absentee has a will and its whereabouts and contents if known; and a statement of all property of the absentee and the approximate value of same. Upon receipt of the application, the court shall schedule a hearing thereon and give notice to all persons named in the application by registered mail and by publication as provided in N.H. Rev. Stat. § 464-A:17. The court may appoint guardians ad litem to represent the absentee or other interested persons under disability in connection with the hearing. If after the hearing the court finds the matters set forth in the application to be true and further finds that the proposed action should be authorized and that there is no necessity for the appointment of a conservator, the court shall grant the authority applied for. The court may impose reasonable conditions to safeguard the proceeds of any transaction authorized, or otherwise to protect the interest of the absentee or his dependents, but third persons dealing in good faith with the person authorized to act shall not be held responsible for compliance with any such conditions the court may impose.
I. Where the value of the property or other subject matter is less than $5,000, the application shall set forth, under oath, the following: the name of the applicant, the applicant’s relation to the absentee; the exact circumstances under which the absentee qualifies as such, including the date the absentee was first known to be missing, interned, beleaguered, besieged or captured; a description of the property or other matter for which the applicant seeks authority to act; the value thereof; the reason for which the applicant seeks authority to act; and the action which the applicant proposes. The court shall, without hearing or notice, approve the application if it deems the proposed action to be in the best interest of the absentee or of his or her dependents. A copy of the application with the court’s approval thereon, certified by the clerk, shall constitute prima facie evidence of the validity of the proceeding and the authority of the applicant to act in accordance with the approved application. The clerk shall provide up to 5 such copies to the applicant, free of charge.
Terms Used In New Hampshire Revised Statutes 464-A:20
- Absentee: means a person serving in or with the armed forces of the United States, or a person serving as a merchant seaman, who has been reported or listed as missing or missing in action or interned in a neutral country or has been beleaguered, besieged or captured by an enemy or any person who has not been seen or heard from for a period of time sufficient to raise a presumption in the discretion of the probate court that such person has abandoned his or her estate or is otherwise incapable of the prudent management of his or her affairs. See New Hampshire Revised Statutes 464-A:2
- Conservator: means a person who is appointed by the court to manage the estate of one who requests the appointment of a conservator. See New Hampshire Revised Statutes 464-A:2
- Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
- Oath: A promise to tell the truth.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probate: Proving a will
- registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
II. Where the value of the property or other subject matter is $5,000 or more, the application shall set forth, under oath, in addition to the information required in paragraph I, the following: the names, addresses and ages of the spouse, children, father, mother, brothers, sisters, or if none of these are living, the next of kin of the absentee; the names, addresses and ages of any other person who would have an interest in the property or the estate of the absentee if he or she were deceased; whether or not the absentee has a will and its whereabouts and contents if known; and a statement of all property of the absentee and the approximate value of same. Upon receipt of the application, the court shall schedule a hearing thereon and give notice to all persons named in the application by registered mail and by publication as provided in N.H. Rev. Stat. § 464-A:17. The court may appoint guardians ad litem to represent the absentee or other interested persons under disability in connection with the hearing. If after the hearing the court finds the matters set forth in the application to be true and further finds that the proposed action should be authorized and that there is no necessity for the appointment of a conservator, the court shall grant the authority applied for. The court may impose reasonable conditions to safeguard the proceeds of any transaction authorized, or otherwise to protect the interest of the absentee or his dependents, but third persons dealing in good faith with the person authorized to act shall not be held responsible for compliance with any such conditions the court may impose.