The September Estate Planning Reset: What New England Families Should Review This Fall
September has a way of making everyone want to hit the reset button.
The kids are back in school. Summer schedules settle down. Fall calendars fill up. We start organizing closets, reviewing budgets, planning for the holidays, and getting back into routines.
There’s one important area that often gets overlooked during that seasonal reset: your estate plan.
For families across New Hampshire, Maine, and Massachusetts, September can be a smart time to take a fresh look at your estate plan and make sure it still reflects your life, your family, and the assets you’ve worked hard to build.
Your Life Has Changed. Has Your Estate Plan?
Estate planning documents aren’t meant to be “set it and forget it.”
A lot can change in a few years—or even a few months.
Maybe you:
Bought a home or vacation property
Welcomed a child or grandchild
Got married or divorced
Started or sold a business
Moved to a new state
Experienced a significant change in your finances
Lost someone who was named in your estate plan
Changed your mind about who you want making financial or healthcare decisions
Acquired property in another state
Any of these changes can be a reason to review your existing plan.
And for families living in or around the Seacoast, there’s another consideration: your life may not fit neatly within one state’s borders.
The New England Connection Matters
It’s not unusual for a New Hampshire family to own a vacation home in Maine, for a Massachusetts resident to own property in New Hampshire, or for someone who lives in one state to have family, business interests, or real estate in another.
That can make estate planning more complicated.
Each state has its own laws governing probate, estates, trusts, and taxation.
For example, Maine’s 2026 estate-tax exclusion amount is $7.16 million. Maine also has specific rules that can apply when a nonresident owns Maine real estate or tangible personal property.
Massachusetts has its own estate-tax rules. For deaths occurring on or after January 1, 2023, the Massachusetts estate-tax filing threshold is $2 million. Massachusetts also has specific rules for nonresidents who own Massachusetts real estate or tangible personal property.
New Hampshire has its own probate and trust laws as well. The New Hampshire Trust Code governs express trusts and provides a framework for the duties and powers of trustees and the rights of beneficiaries.
The takeaway isn't that one state is “better” than another.
It’s that where you live—and where you own property—can matter when creating and reviewing an estate plan.
What About Probate?
Probate is another reason to make estate planning part of your fall review.
Probate is the legal process involved in transferring certain property and settling an estate after someone dies. The exact process varies by state and can depend on how property is owned and whether there is a valid will or trust.
In Massachusetts, for example, the Probate and Family Court provides different processes for administering estates, including formal probate, informal probate, and voluntary administration. Whether property needs to go through probate can depend on how it is titled and whether it passes directly to someone through mechanisms such as joint ownership, beneficiary designations, or a trust.
Maine similarly has statutory rules governing intestate succession, probate, wills, and administration. If someone dies without effectively disposing of property through a will, Maine law provides for that property to pass according to its intestate-succession rules.
This is why estate planning isn't simply about answering the question, “Who gets my stuff?”
It’s about creating a coordinated plan for what happens to your property, finances, healthcare decisions, and family responsibilities.
A September Estate Plan Checkup
As you settle into your fall routine, consider putting an estate plan review on your September to-do list.
Ask yourself:
1. Has my family changed?
Marriage, divorce, births, deaths, adoptions, and changing relationships can all affect who you want included in your plan.
2. Have my assets changed?
Did you buy a home? Sell property? Start a business? Open new investment or retirement accounts?
Make sure your estate plan and beneficiary designations still make sense with your current assets.
3. Do I still trust the people I've named?
Your estate plan may name people to serve as your personal representative, trustee, financial agent, healthcare agent, or guardian.
Are those still the people you would choose today?
4. Do I own property in another state?
This is particularly important for New England families.
Because Protected Roots Law is licensed in Maine, Massachusetts, and New Hampshire, clients can receive guidance for estate planning needs that span state lines and address multiple planning objectives, including property and assets located in different states.
5. Could my family find everything?
Even a well-crafted estate plan can become difficult for your loved ones to use if they don't know where important documents and information are located.
Think about your:
Will and trust documents
Financial accounts
Insurance policies
Property information
Business documents
Digital accounts
Important contacts
Healthcare information
Keeping this information organized can make an already difficult situation easier for the people you love.
Estate Planning Isn't Just for the Wealthy
One of the biggest misconceptions about estate planning is that you need to have significant wealth before you need a plan.
You don't.
Estate planning can help you make decisions about much more than money.
A will can address who should inherit property and who you want to serve as your personal representative. Parents may also use estate planning to express their wishes regarding guardianship for minor children.
Powers of attorney and healthcare documents can help establish who you want making important decisions if you become unable to make them yourself.
And trusts can be useful in a variety of circumstances depending on a family's goals and individual needs.
The right plan depends on the person—not simply the size of their bank account.
Make This Fall Your Planning Season
Fall is often about preparing.
We prepare our homes for colder weather. We prepare our schedules for a busier season. We start thinking about the holidays and the year ahead.
Estate planning is another form of preparation.
It’s not about expecting something bad to happen. It’s about making thoughtful decisions while you have the time and ability to make them.
For families throughout New Hampshire, Maine, and Massachusetts, those decisions can become even more important when homes, businesses, family members, and other assets cross state lines.
So, as you check things off your September to-do list, add one more:
Review your estate plan.
If it has been a few years—or if your life has changed significantly—it may be time for a fresh conversation about whether your plan still reflects what matters most to you.
Protected Roots Law helps individuals and families create thoughtful estate plans designed around their unique circumstances, priorities, and wishes. Proudly serving clients and licensed to practice law in Maine, Massachusetts, and New Hampshire.
This fall, take the opportunity to make sure your plan is ready for whatever comes next.
A Note About State Laws
Estate-planning, probate, and tax laws can vary by state and can change over time. The information in this article is intended for general educational purposes and should not be considered legal or tax advice. If you own property or have significant connections in multiple states, speak with a qualified estate-planning attorney about your individual circumstances.
