Avoiding Probate of LLC Memberships in New Hampshire

Whenever someone forms a single-member LLC to protectpersonal assets from claims against their business, they need to decide whatshould happen to their LLC membership if they were to die.  Whoever they decide to leave their membershipto, they will likely want to avoid the substantial legal fees and months ofdelay that come with probate.

Four methods likely to avoid probate in New Hampshireinclude:

1. Providing a transfer on death within the LLCoperating agreement.
2. Establishing a transfer of the membership within arevocable trust to protect from various legal complexities.
3. Providing a joint-tenancy single membership in theoperating agreement.
4. Forming husband-wife joint tenancy memberships if the membership owner is, say, a wife who wants to leave the LLC to her husband upon her death.

See John Cunningham, WhenYou Die, What Happens to Your Single-Member LLC?, New Hampshire BusinessReview, June 14, 2013.