RSA 383-D:4-402 · Family Member

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:

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(1)

The designated relative;

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(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

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(3)

A spouse or former spouse of an individual described in subsection (a)(1) or (a)(2).

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(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 RSA 383-D:5-502 or file with the commissioner a notice in accordance with RSA 383-D:10-1003.

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(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.

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(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. Source. 2015, 272:16, eff. Oct. 1, 2015.

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