Guardianship of the Estate and Structured Settlements for a Child in New Hampshire

By the FigureMyTax Editorial Team · How we calculate

In New Hampshire the person who receives a child's settlement over $10,000 net must be appointed guardian of the child's estate by the probate court, and a structured settlement over that amount needs court approval.

What the guardian does

RSA 463:19 says the guardian of the estate takes possession of the minor's property and the proceeds, and must protect and preserve it, retain, sell and invest it as the statute provides, prosecute or defend claims for the estate, account for it faithfully and deliver the assets to the person entitled when the guardianship ends. Except as limited by statute or court order, the guardian may do without court authorization what a prudent person would do managing their own affairs.

Trusts

With court authorization the guardian may create and fund a trust, to end some time after the guardianship ends, for the minor's benefit, into which all or part of the estate may be transferred.

Structured settlements

A structured settlement over $10,000 net requires superior or district court approval, with the same guardian-of-the-estate proof (RSA 463:19-b). Rule 40 reportedly adds safeguards for annuities, including a certificate from the Insurance Department that the carrier is in good standing, but we could not open the rule from our environment and rely on a secondary summary for that point.

What we did not find

We did not read the probate court rules on bonds, accounts or reporting, or the part of Rule 40 on fees. Ask the court what it will require. Then read why and when a court approves a settlement and what we found about attorney fees, and see what is left in the New Hampshire minor's settlement calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Hampshire's rules apply to your specific case with a licensed New Hampshire attorney.