Brenda Smith-Weiss Attorney

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Map & DirectionsDirections47 Factory StNashua, NH 03060 Write a ReviewWrite Review

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Email: Email Business
Services/Products: Family Law, Estate Planning, Child Support
Payment method: discover
AKA: Smith-Weiss Brenda
Categories: Attorneys, Accident & Property Damage Attorneys, Automobile Accident Attorneys, Bankruptcy Law Attorneys, Business Law Attorneys, Business Litigation Attorneys, Construction Law Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Divorce Attorneys, Domestic Violence Attorneys, Family Law Attorneys, General Practice Attorneys, Landlord & Tenant Attorneys, Real Estate Attorneys, Wills, Trusts & Estate Planning Attorneys

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Phone: (603) 883-1571

Address: 47 Factory St, Nashua, NH 03060

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Brenda Smith-Weiss Attorney

Divorce
A collaborative divorce is a matrimonial dispute resolution process whereby both parties and their lawyers commit themselves to resolving their differences fairly and equitably without resorting, or even threatening to resort, to the court.
Child Support
Child support is payment made from one parent to the other, or the child’s legal guardian, on a weekly or monthly schedule to help with the costs of raising the child. To obtain child support in New Hampshire and Massachusetts, the court has to issue a child support order after notice is provided to each of the parents. Child Support Guidelines are then used to establish the appropriate amount of child support paid by one parent to the other after taking into consideration each parties’ gross income, any order support for other children, self-employment and/or state income taxes paid, mandatory retirement contributions, allowable child care expenses and medical support for the child.
Child Custody and Visitation
Co-parenting is one of the main focuses of child custody cases, or parenting plans, and determining when each parent will have time with their child or children. Custody agreements are often aided by attorneys through mediation, or four-way settlement meetings, and the court encourages each party to be represented in these proceedings. When parents cannot agree between themselves when they will each have time with their children, the court becomes involved and a custody hearing will be held.
Premarital Agreement
In New Hampshire and Massachusetts, any debts or assets that are owned by you and/or your spouse, regardless of whose name the title to the property is held, is considered property subject to distribution in a divorce. This property includes all property acquired during the marriage as well as property owned by your spouse prior to your marriage, absent a prenuptial agreement.
Guardianship
Guardianships are necessary when a person is unable to provide for his or her basic needs of food, shelter, clothing, health care, safety, and/or is unable to manage financial affairs. There are generally two types of guardianships: guardianship of a minor and guardianship of an “incapacitated” person. A guardian is a person who has been appointed by the court to have care and custody of a minor or of an incapacitated person. The guardian may be appointed over the person and also over the person’s estate.
Spousal Support
Broadly defined, alimony is financial support provided to a spouse during and/or after a divorce which allows both parties to maintain a reasonable standard of living. New Hampshire and Massachusetts alimony statutes provide formulaic guidelines for the amount and length of an alimony award. While these guidelines exist, awards of alimony will also depend on the specific facts of the case, such as consideration of the following factors...
Legal Separation
The foundation of a well-established prenuptial or postnuptial agreement should address issues that would aries in the event of a legal separation or divorce. These contracts should also provide for what would happen to the personal property and real estate upon the death of one party.

Criminal Defense
Criminal law covers a wide range of laws and areas that could require legal representation. The difference between civil and criminal law is that criminal law involves the state charging an individual with a broken law, and can result in incarceration and/or a fine. Crimes are broken into classes which differ from state to state.
DUI/DWI
Habitual Offender laws are adopted by some states. In simple terms, an habitual offender law looks back at a person’s crimes over a certain time period, usually five years, and will determine if a conviction qualifies as such to “certify” them as a habitual offender. In New Hampshire, RSA 259:39 governs the Habitual Offender law and lists twenty two different offenses that are considered “major.” For example, one is driving while intoxicated. As such, if someone is convicted of a DWI three times within a period of five years, they will be certified as a habitual offender by the New Hampshire Department of Safety. Further, there are also combinations of offenses, both major and minor, that if convicted multiple times in a period of five years, certifies you as a habitual offender. Once certified, you can serve up to five years in jail if you are caught driving.
Traffic Violations
Theft
Misdemeanors
In New Hampshire, felonies and misdemeanors are split into classes A and B. In Massachusetts, however, crimes are not categorized into different classes, but instead are determined by their sentence alone.
Assault
Murder
New Hampshire has three different types of unlawful conduct: a felony, a misdemeanor, and a violation. Felonies, other than murder, are broken into two classes, A and B. Class A felonies are more serious and are designated based on the statute. Class A felonies include causing the death of a person while driving under the influence of drugs or alcohol, kidnapping, first degree assault, theft over $1,500.00, and theft of a firearm or theft when armed with a deadly weapon. Class B felonies include negligent homicide, second degree assault, felonious use of a firearm, possession with intent to sell a controlled drug, and theft of more than $1,000.00 but less than $1,500. Class A felonies are punishable with a penalty, exclusive of fine, of imprisonment in excess of seven years. Class B felonies carry a penalty, exclusive of fine, of imprisonment in excess of one year but not in excess of seven years. Felony fines may not exceed $4,000.00, not inclusive of any applicable restitution.
Homicide
Restraining Order
A reality of pre or post-divorce proceedings sometimes involves filing for restraining orders or abuse prevention orders against a party. A civil restraining order is a court order telling someone to stay away from you or to stop doing something that affects you, such as phoning you when you’ve asked them to stop calling. The following people may file for a restraining or protective order...
Kidnapping

Business and Corporate Law

Corporate Law
Corporate law. Nick also participates as a volunteer attorney with the Nashua Consumer Debt Docket and serves on the Nashua Zoning Board.
Business Disputes
We understand that litigation can put at risk everything our clients work so hard to achieve and impact a business’ ability to meet its objectives. Our mission is to help our clients resolve their business disputes through the most profitable means available. We will assess the potential risks, costs, and benefits of litigation and counsel the most effective course for our clients. Whether you are involved in business litigation, require advice, or need legal guidance through a business transaction, the attorneys at Smith-Weiss Shepard Kanakis & Spony, P.C. can help.
Business Transactions
Settlement statements are used for commercial transactions and cash closings. These simply provide a breakdown of the costs including prorations of real estate taxes, condominium fees, payoffs of mortgages, commissions due to real estate agents, transfer taxes and recording fees. Loan terms in commercial transactions are disclosed in the bank’s commitment letters and in the loan documents.
Limited Liability Companies
We have decades of experience advising and representing individuals and businesses in a wide variety of civil litigation matters. Our attorneys have worked with a range of business types including cooperatives, banks, small businesses, corporations and limited liability companies. While agreements go a long way to reduce conflicts and disputes, there are situations which may require litigation. If this is the case, our legal team is prepared to aggressively protect your interests and the interests of your business. We can help you resolve business disputes through negotiation, mediation, or trial in state or federal court, if necessary.
Construction Contracts
A common contract that is often litigated are contracts involving construction. Construction litigation typically focuses on any breaches of contracts between the owner of real estate and the builder of the home or any structure on the property. Breaches of construction contracts can be by either party, and may involve defects in the construction, delays in payment, or in the construction itself, liens, or abandonment of the project.
Trade Secrets

Workers Compensation
In New Hampshire, RSA § 281-A prescribes who may qualify for worker’s compensation and under what circumstances. For example, subsection A:2 defines who may be considered an employee or domestic employee. Different interpretations of these definitions and other sections of the statute are what create litigation over what the statute means and how it should be viewed by both parties. Massachusetts also has a statute that covers workers compensation containing definitions and case law to guide the interpretations of their statute. M.G.L.A. 152 § 1.
Employment Contract
Contracts come in all shapes and sizes and are needed for daily transactions, whether it is an employment contract, sales contract or service contract, such as construction or renovation. The basic elements of a contract are offer, acceptance and adequate consideration.
Non-compete Agreement
For example, a business’s reputation is one of its greatest assets, and any allegation of unlawfulness against an employer could, even if meritless, cause harm to the business. New Hampshire statute RSA 275-E governs the Whistleblowers’ Protection Act and understanding it is essential in protecting your business from any reputational harm from a whistleblower complaint. Massachusetts’ labor disputes are governed by M.G.L. ch. 149. Business disputes also include, but are not limited to, breach of fiduciary duty, breach of contract, regulatory investigations and trade secret disputes. Disputes in businesses may also arise between employer and employee when it comes to employment contracts. If appropriate, drafting detailed employment contracts, including non-compete agreements, are vital in protecting both parties and ensuring a mutual understanding in order to limit, or avoid, later conflicts. Having legal counsel to guide your business through these issues is imperative in protecting your company.

Real Estate Litigation
Boundary disputes occur when one landowner may believe that their neighbor is on or using land that is past their own property line and onto theirs. This may also involve one person buying property from another, and discovering discrepancies on the deed as to where the boundary line of the property is compared to a survey of the land. In either case, a boundary survey is a helpful starting point to determine where the property line according to the deed. A boundary survey measures and determines the actual physical extent of property ownership, typically witnessed by monuments or markers, and a map, or plat, is drawn from the data.
Construction Litigation
Contracts are legally binding documents that contain different clauses which will dictate each parties responsibilities in order to conform to the agreement. In order to be binding, contracts must satisfy certain requirements depending on the kind of transaction. Construction contracts, for example, are highly litigated as there are often provisions that may be interpreted differently by either party.
Real Estate Transactions
There are three types of deeds that are generally used in real estate transactions and it is important to understand the differences.
Easement
Landlord-Tenant Disputes
The landlord-tenant relationship can be adversarial at times, especially if there is a disagreement about rent, repairs or conduct of the parties. Whether you are a longtime landlord, just purchasing your first multi-unit building or simply renting out your former residence, our landlord-tenant team can help resolve and prevent leasing and tenant issues.

Personal Injury
Generally, the first thing that comes to mind when you hear ‘personal injury’ is ‘car accident’. A car accident can stem from a number of negligent acts, such as...
Medicaid Planning
Unlike a Revocable Trust, an Irrevocable Trust is a Trust that cannot be revoked by the Grantor after it is established, and generally cannot be amended. Common reasons for considering an Irrevocable Trust are for Medicaid planning for future nursing home care, tax savings, and creditor protection.

Trusts and Estates

Estate Planning
When discussing a Will, it is also important to know the types of property that are not affected by a Will. For instance, property held as joint tenants automatically belongs to the surviving joint tenant upon the death of the first and is not disposed of through the Will. Similarly, accounts or life insurance policies that specify a beneficiary belong directly to the designated beneficiary and are not distributed under the Will. As part of our estate planning review process, our attorneys will review the titling on your assets to make sure you achieve your intended results.
Wills
Trusts
Special Needs Trusts are designed to benefit a person who is eligible to receive public assistance in a manner that does not interfere with their public benefits. They are used to supplement the person’s lifestyle, rather than to provide for the essentials that are covered by public assistance.
Power of Attorney
Planning for unexpected incapacity is just as important as planning for end-of-life wishes. With a Durable Financial Power of Attorney, you can designate a person to manage your financial affairs in the event you are unable to do so. This person is referred to as your Agent. You can choose whether to give your Agent broad powers to manage all aspects of your finances, or tailor the document to only grant specific powers.
Probate

Bankruptcy
Foreclosure
When owners of real estate are unable to pay their mortgage and fall behind, the lender may choose to foreclose on the property. In this situation, so long as the lender complies with the applicable law, the lender will sell the property at the foreclosure sale. If the price received at the foreclosure sale is less than the lender is owed, the borrower can be liable for the difference between the sales price and the amount owed under the note. In lieu of a foreclosure, the owner, with the approval of the lender, may sell the property via a short sale. In a short sale situation, the lender agrees that a property may be sold for less than the amount owed under the note. Even in a short sale, the owner can be liable for the difference between the sales price and the amount owed under the note.

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