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Maine Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Gov & Administrative Law for Maine on
Q: How do you set up a trust for your house so the state doesn’t take it?

My dad had a heart attack and found he has cancer but only has mainecare. The stare will take the house when he passed and I’m trying to help him so it will be put in his children’s names as a trust.

Fred Bopp III
Fred Bopp III answered on Jul 13, 2021

This is a specialized area of the law and you would be best served by contacting and discussing your situation with a Maine attorney who has experience in this area.

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My partner died after 34 years living together I wasn't on the will.

My partner has two properties one in Maine and one in Florida

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

If you and your partner were either married or registered domestic partners under Maine law, then you likely have certain rights under Maine law, despite the terms of the will. If not, then unfortunately you likely do not have any such rights. You should consult with an experienced estate planning... Read more »

1 Answer | Asked in Estate Planning for Maine on
Q: My Mother lives in Maine, in her will she is going to sell her house to a "friend" for a very reduced rate.

He is now saying every improvement he did on the house while she has been living there he wants taken off the sale price that is in the will is that legal?

Fred Bopp III
Fred Bopp III answered on Jun 28, 2021

He cannot dictate the sale price for her house in the will; your mother provides the sale price. That said, he may be able to argue successfully that he is entitled to an offset or credit for the improvements he made to her house against the sale price, but if your mother knows how much of an... Read more »

3 Answers | Asked in Divorce and Estate Planning for Maine on
Q: How can I protect my home and only be able to leave it to my son in my will and not his wife in case they divorce?

My son and wife are in a rocky relationship. I am leaving him my home (my spouse has died) but I don’t want his wife to get any of it if they divorce.

Nina Whitehurst
Nina Whitehurst answered on May 18, 2021

You can leave the house to him in a continuing trust with an independent trustee. There are a lot of issues to consider so you should hire an experienced estate planning attorney to help you.

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2 Answers | Asked in Estate Planning for Maine on
Q: I have no heirs and would like ideas as to how I might plan for my house and property and savings once I am gone.

I'm not interested in donating to huge charities whose CEOs earn 6-figure salaries.

Fred Bopp III
Fred Bopp III answered on Feb 23, 2021

This is a pretty open-ended question, the answer to which will depend on, among other things, your priorities, values, and goals. I would suggest you start a conversation with someone who can help you achieve what you want to accomplish. That person could be a financial adviser or an attorney who... Read more »

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Maine on
Q: My dad passed away two years ago and my stepmom passed a year ago,my step brother has taken over the house ,

We know of nothing will wise and he has taken over everything do I have any right to the house,as of this year the house is still in my dad's name even at the town,his name hasn't been removed from the tax title and no other name is on it

Fred Bopp III
Fred Bopp III answered on Feb 22, 2021

More facts are needed to answer this question, but assuming upon your dad’s death, title to the house passed to your stepmom and, upon your stepmom’s death, title to the house passed to your stepbrother, then you would need to have an enforceable agreement or right with respect to the house... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Maine on
Q: My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she die

My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she died?

Fred Bopp III
Fred Bopp III answered on Feb 22, 2021

More facts are needed to answer this question, but assuming upon your wife’s death, title to the home will pass to someone other than you, then yes, that person would typically have the right to exclusive possession of the property, which means you could be removed, assuming you do not have an... Read more »

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My brothers and siblings took everything jewlery,trains,etc that was of value without reporting it to the probate court.

What can I do? I have a lawyer, he hasn't petitioned the court. My Brother's lawyer keeps telling me its going to take away my part of the Estate if I pursue this.

Fred Bopp III
Fred Bopp III answered on Jan 3, 2021

You should talk with your attorney about your available rights and remedies under the circumstances.

1 Answer | Asked in Estate Planning for Maine on
Q: How can I be granted Power of Attorney by my mother who lives in a different state? I live in Maine and she is in NYC.

Can a Maine lawyer get the proper POA paperwork or do I have to go to NYC to take care of this?

Fred Bopp III
Fred Bopp III answered on Jan 3, 2021

Generally, yes, a Maine lawyer can create a valid power of attorney for your use with respect to transactions that will occur in Maine. For transactions that will occur in NY, a separate power of attorney should be prepared by a NY attorney, which will be valid in NY. You should also keep in mind... Read more »

2 Answers | Asked in Estate Planning for Maine on
Q: Living Trust to protect house and property.

I submitted previous question regarding Living Trust question but wanted to try to clarify better.

Wondering about a Living Trust for home and property upon my death (with money from sale of property designated to non-profits and charities), with my brother as trustee, ,,,,,,,(,I did... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 1, 2021

A properly drafted trust will cover the possibility of your brother predeceasing you. You should raise this issue with the attorney that is drafting this trust for you. If you don’t have an attorney drafting this trust for you, then you should because, as it should be evident to you, you do not... Read more »

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3 Answers | Asked in Estate Planning for Maine on
Q: Is a Living Trust good for me.

I am single, age 70, no children or partner. I have 1 brother and no close relatives but 1 nephew who I do not want to inherit from me. I own a home and property. I wanted to leave my house and property to charity but if I die before my brother I did want him to benefit from proceeds of the... Read more »

Steven Basche
Steven Basche answered on Dec 29, 2020

A living trust would be a good option. For one thing, a trust is a private document, and is generally harder to challenge than a will. By avoiding probate with a trust, you make it more difficult for your nephew challenge your plan or have money go to him through your brother. Your brother could... Read more »

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1 Answer | Asked in Estate Planning for Maine on
Q: In the state of Maine does a paramour have any legal right to remain in the residence after the boyfriend dies.

The 96 y/o lives in property he once owned but it has been his daughters for the past seven years. He has no interest in the real property not even a life estate. He has a live in gf and he drafted a will giving her everything. Can she stay In the residence for any amount of time ?? I know the... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 15, 2020

To start to analyze your question, I would need to know on what basis the 96 y/o is currently occupying the property. For example, is it pursuant to a lease with his daughter/the property owner? If there is a lease, the likely answer is its terms will govern.

2 Answers | Asked in Estate Planning for Maine on
Q: I want to establish a living trust. I have a home in NH and a home in ME. Do I need to record the trust in both states?
Fred Bopp III
Fred Bopp III answered on Apr 29, 2020

The short answer is yes. Whether you should use a living trust or some other form of ownership to hold the property is a separate question, the answer to which will depend on your circumstances and what you are trying to accomplish.

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3 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Maine on
Q: My mom was married 33 years her husband passed on April 8th his son served her with eviction this week can he do that

The son took the safe out of house 2 days before his father died refuses to tell her if there is a will She is 81 And can’t afford d a lawyer what r her rights the house did belong to her husband but his son took deed over before he died son claims

Fred Bopp III
Fred Bopp III answered on Apr 22, 2020

I am sorry, but there aren't enough facts provided to answer your question. Your mom should contact the Maine Center for Elder Law at 207-467-3301 and https://mainecenterforelderlaw.com/.

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2 Answers | Asked in Estate Planning for Maine on
Q: What is the age requirement for a person to be counselled by an elder care lawyer?
Daniel J. Eccher
Daniel J. Eccher answered on Feb 10, 2020

There is no age requirement; "elder law" or "elder care law" encompasses disability law as well.

Elder care lawyers usually attract clients over 60, but many of the issues they handle (e.g., how to plan for long-term care, how to protect public benefits for someone who...
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1 Answer | Asked in Estate Planning for Maine on
Q: my dad's estate which is his house has gone into probate. waiting the 4 months to make sure no creditors. If we sell

the house before and put money away but a creditor comes back for more $ than the house sold is the estate liable?

Fred Bopp III
Fred Bopp III answered on Oct 21, 2019

I am sorry for your loss. If the creditor received proper notice under 18-C M.R.S. § 3-801(1), Notice to creditors, and failed to present its claim within 4 months after the date of the first publication of the notice, then this statute provides that creditor’s claim is forever barred. Your... Read more »

1 Answer | Asked in Probate, Elder Law and Estate Planning for Maine on
Q: Should I contest the amount the state of Maine wants from my deceased aunts estate?

I received a letter in the mail that the state of Maine wants 89,000 from the money left after my aunt passed away.She was in a nursing home but paid a partial amount every month out of her own pocket.The state of Maine covered the rest.The letter states that I can contest this.My question is... Read more »

Ben F Meek III
Ben F Meek III answered on Jan 2, 2019

It's not possible to give meaningful guidance with such little information. Are these demands from the state related to Medicaid payments for your aunt's medical care? If not, what is the demand related to? If for medical bills, you would have to compare what your aunt paid, and... Read more »

2 Answers | Asked in Estate Planning for Maine on
Q: What are you recommendations for writing an Advanced Health Care Directive on my own?
Fred Bopp III
Fred Bopp III answered on Nov 3, 2018

You should really sit down with an attorney who practices in this area and discuss your objectives. My partner, Cecilia Guecia, has considerable experience in this area and I am sure she would be happy to talk with you. She can be reached at (207) 846-6111.

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1 Answer | Asked in Estate Planning for Maine on
Q: Is there any way to protect a parents house from the "Five year rule" when they enter into a Mainecare program

My mom is entering an "Independent Living Facility" and will pay for it herself until her money runs out at which Medicaid or Mainecare will pay.

Fred Bopp III
Fred Bopp III answered on Nov 3, 2018

There are possible sophisticated strategies available, but timing is critical, and you would really want to consult with an attorney who specializes in this area.

1 Answer | Asked in Estate Planning for Maine on
Q: Is there ever a reason you'd go through probate if a will exists?
Daniel J. Eccher
Daniel J. Eccher answered on Sep 25, 2018

A: Yes; in fact, there may be a duty for a person who has control of a will of someone who has died to deliver it to either the Personal Representative named in the will or the Probate Court in the county in which the person died (18-A M.R.S.A. Sec. 2-902). A will simply lets people know how the... Read more »

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