Q: Is a Living Trust good for me.

A: 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 be the beneficiary and the trustee of the trust, saving the costs of an outside corporate trustee. While you could accomplish most of your goals with a will and testamentary trust (a trust set up by your will), I think the living trust gives you the most control.

A: A living trust could be an important part of an overall strategy to accomplish your goals, but it sounds like you will need other instruments in place as well, because a living trust typically is only effective during the life of the grantor (you), not after death, and you say you would like to control the disposition of at least some of your assets after you die (if you die before your brother). Your situation is complex enough that you should consider contacting an estate-planning attorney admitted to practice in Maine to discuss it further and to learn what your available options are under the circumstances. My partner, Cecilia Guecia, practices in this area and I would be happy to connect you with her if you are interested.

A: Your situation seems to lend itself to a "testamentary trust" - that is, setting up a trust for the benefit of your brother in your will. That way, your estate could benefit him for the rest of his life (if he survives you), and you could say where the remainder goes after he passes away - sort of a "win-win."

You should definitely talk to a lawyer about helping you achieve your estate planning goals, especially because you do not want your nephew to inherit from you (which he likely would if you do not carefully prepare an estate plan).