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Questions Answered by Daniel J. Eccher

2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Landlord - Tenant for Maine on

Q: I am being forced to vacate my residence with 3 days notice, no legal document or reason. My mother owns the structure.

Owned a trailer for 12 years in a seasonal RV park. We violated no RV park rules (posted online). I was accused of theft one town away (returned property/misunderstanding) not arrested or charged with any crime. We're being forced to vacate, no eviction notice, no documentation. Is this legal? How... Read more »

Daniel J. Eccher answered on Jul 18, 2019

I think you should each get your own lawyer. If you (the daughter) have a low income, you may be able to get help from Pine Tree Legal Assistance (they have a great web site: Your mother, if she is over 60, should be able to get help from Legal Services for the Elderly... Read more »

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1 Answer | Asked in Elder Law for Maine on

Q: I’m looking to buy my mother’s house and wanted to know a few legal questions.

I’m buying my Moms house. She is 85 and wants to live with us but the home is small. She is giving me a deal on the home so that I can borrow more money, which she would receive and then gift me back the money so we could put on a second level. The question is, will Medicaid be able to take the... Read more »

Daniel J. Eccher answered on Apr 25, 2019

On first blush, without knowing the details, I would advise that you and your mother delay this plan until she has consulted with an Elder Law attorney who has experience with Medicaid (known in Maine as “MaineCare”) applications. The situation you described is fraught with the potential to a)... Read more »

2 Answers | Asked in Probate for Maine on

Q: If my dad died without a will, can the probate court designate me as the executor?

Daniel J. Eccher answered on Dec 9, 2018

Priority of appointment of a “Personal Representative” of an estate (Maine’s term for the executor) is set in statute. According to 18-A M.R.S.A. Sec. 3-203, the order of priority is the surviving spouse of the person who died, the surviving domestic partner, other heirs (such as a child),... Read more »

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2 Answers | Asked in Estate Planning for Maine on

Q: What are you recommendations for writing an Advanced Health Care Directive on my own?

Daniel J. Eccher answered on Nov 5, 2018

Not knowing anything about your situation, I would recommend that you talk to a lawyer, because if you are thinking about preparing an Advance Health Care Directive, you may want a Durable Power of Attorney and a Last Will and Testament as well. However, if your situation is urgent, the Maine... Read more »

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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 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 »

1 Answer | Asked in Estate Planning and Probate for Maine on

Q: My mother is alive and agrees to be appoint me her PR for when she passes. What probate form should I submit now?

Daniel J. Eccher answered on Aug 15, 2018

Your mother should write a will in which she nominates you as the Personal Representative (PR) of her estate. I do not know of any form that should be filed with the Probate Court before she passes. After she passes, you would file the will and Petition to court for you to be appointed as PR.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maine on

Q: I have a squatter problem in my deceased mother's house.

My mother passed away in her home in Maine she was letting her cousin stay there for the time being until the summer summer has come along and he is going to leave but he let his nease and her boyfriend move in without asking us now they won't leave the house they are not even related the house is... Read more »

Daniel J. Eccher answered on May 15, 2018

You have raised a number of issues. It seems to me as if the most important point is that there is someone living in your deceased mother's house who doesn't have a right to live there. Even if someone has permission from someone else to live there, the person living there should be paying rent to... Read more »

1 Answer | Asked in Probate for Maine on

Q: Is there such thing as a childs fair share in maine? My brother was my mothers P>O>A and she passed a month ago.

She had several life insurance policies and one used to go to me which I am sure he had changed. Can I challange any of this?

Daniel J. Eccher answered on Jan 16, 2018

Your questions bring up a number of issues. In answer to your first question: generally, yes, each child should share equally in someone’s estate, unless the person who died indicated that one or more children should not share in the inheritance. In your specific case, based on your second... Read more »

1 Answer | Asked in Probate for Maine on

Q: what kinds question I ask in probate court ?

Had lawyer find out she is moving to a different firm and they have no lawyer to take her place . I can not pay another lawyer and need know what kind question I ask in a probate court where other parties are fighting against the Will

Daniel J. Eccher answered on Jan 2, 2018

I'll make three points: First, if your attorney has entered her appearance on your behalf with the probate court, she needs the court’s permission to withdraw, except in limited circumstances. If the court grants that permission, the court should also be willing to grant you a “Motion to... Read more »

1 Answer | Asked in Probate for Maine on

Q: Married live in Maine everything is in husbands name only. In his will it all goes to me. Problems??

We have a house two cars a truck and he has about 70,000 in credit union plus a ira.... we live in East Millinocket maine

Daniel J. Eccher answered on Dec 13, 2017

“Joint tenancy with rights of survivorship” would be at least more convenient for you as to title to the house, CU account, and cars. If that were the case, you could avoid having to open your husband's estate in Probate Court to transfer title to those assets if he were to predecease you.... Read more »

1 Answer | Asked in Estate Planning for Maine on

Q: If my sister is Durable Power of Attorney can she change my parents living will?

My mother passed away 3 years ago but my father is still living with Alzheimer's disease. She recently put him in an "Assisted living home" he doesnt even remember he owns a gorgeous Condo on the ocean and my sister says they had no investments! I know they did.

Daniel J. Eccher answered on Nov 27, 2017

It sounds like you may be concerned that your sister may be taking advantage of your father’s assets. Your first concern should be about your father’s well-being. You could make a report to Adult Protective Services at 1-800-624-8404, but they only get involved in the most serious cases. You... Read more »

1 Answer | Asked in Probate for Maine on

Q: My mom cashed in her life insurance policy and passed before the check came . We have a joint checking account.

Can I deposit? If no, options?

Daniel J. Eccher answered on Oct 8, 2017

I hesitated to answer this question because it lacks detail, but if I assume that the check was made payable to your mother, the problem is that she has passed, so she cannot deposit it. The general rule is that a check made payable to someone who has died cannot be cashed or deposited – rather,... Read more »

1 Answer | Asked in Estate Planning and Probate for Maine on

Q: I probated my mom's will 5 months ago. My sister's lawyer asked for a detailed list of my mom's Estate.

She just asked yesterday. Am I legally bound to do it because it said during 3 months

Daniel J. Eccher answered on May 10, 2017

This question appears to be incomplete, because it lacks a final punctuation mark, but I will answer that generally, the personal representative of an estate is required by statute to "... file or furnish an inventory of property owned by the decedent at the time of his death ...." (This statutory... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maine on

Q: Estate issue with two parents (Dad/Stepmom) who died without wills.

Our father died without a will in 2012. His home in Frankfort Maine went to his wife, our stepmom, the surviving widow.

It seems that she, and her family never got the property legally put into her name. She died this past fall, also without a will, and her children are having trouble... Read more »

Daniel J. Eccher answered on Jan 31, 2017

Assuming everything you have written above is correct, then I do not see any conflict. You all seem to be in agreement that the property should go to your step-mother's children. The only concern I would have is if you or your siblings do not understand whatever document you are asked to sign. If... Read more »

1 Answer | Asked in Estate Planning for Maine on

Q: How can I structure if so my girlfriend can continue living in my house when I die, but my kids get the house as a part

of my estate?

Daniel J. Eccher answered on Oct 26, 2016

It would be best to talk to an estate planning lawyer about your specific situation, but the short answer is that you could leave your girlfriend a "life estate" in the house in a will (or codicil to an existing will), with the remainder going to your children. The life estate would mean she would... Read more »

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