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Maine Estate Planning Questions & Answers

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 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 whatever... 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 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 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 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 and Probate for Maine on

Q: Can my Dad's astranged wife kick me out? Or take control of my dads estate?

My dad recently passed, his estranged wife has served me with an eviction notice. For the last 4 years I have lived with my Dad and been his sole care taker (I moved my entire family into his home to care for him). I am even his proxy for VA and SSI. He started the divorce proceedings but because... Read more »

Robert Guillory Esq answered on May 24, 2018

First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people... 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 and Estate Planning for Maine on

Q: Grandfather died,left everything to my deceased father. My cousin wants me to sign a non-compete form. Why?

Due to issues with my mother and my grandfather, I never knew my grandfather. My grandfather passed away in August 2017, and left everything to my father, who died in 2002. The only one that had a relationship with my grandfather, is my second cousin. My second cousin has been excluded from the... Read more »

Joe Lewis answered on Jan 22, 2018

You totally have something to do with it ... if you want to inherit the crappy home trailer and anything else that might be in your grandfather's estate. Based strictly on what you are sharing here for information, it seems like you (and any of your siblings) are in line to inherit your father's... 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 Estate Planning for Maine on

Q: Is it better to will my assets to my children or set them up as beneficiaries to a trust?

Parke A Burmeister answered on Oct 5, 2017

This is a very good question, and the answer depends very much on the specifics of your particular situation. Some of the factors to consider include: the age of your children; whether or not any of them have special needs, credit issues, or difficulty managing money; your long-term goals for your... 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 Civil Rights, Estate Planning and Real Estate Law for Maine on

Q: Does he have any rights to the house he lives in--doesn't own, but pays for?

My boyfriend still lives with his mother because she can't afford living in the house by herself; however, she just sold the house while he is still living in it. Does he have any rights? Thank you

Jonathan R. Roth answered on Mar 25, 2017

No, unless he is going to claim that he was a tenant or he loaned her funds. As a Tenant he is entitled to some notice for termination. The only question is did he loan her any money or did she promise him something and can it be proved.

1 Answer | Asked in Estate Planning for Maine on

Q: Am I entitled to more as personal representative in Dad's estate settlement?

My father got sick and died from a medication he had taken. He started legal process before death and I was appointed personal representative through probate. I have done all of the running and paid for things out of my own pocket and am wondering if all has to be divided equally or at my own... Read more »

Kenneth V Zichi answered on Feb 16, 2017

As PR you CAN claim reimbursement from any 'out of pocket' expenses. Be sure to document the payment and amount. This 'reimbursement' is usually not an issue, and you probably SHOULD reimburse yourself.

You can also claim 'wages' for the time and effort put into the settlement. This would...
Read more »

1 Answer | Asked in Estate Planning for Maine on

Q: If I am listed as a devise in a will, will I I receive all the money even if the estate does not have money an account

The estate is well worth more then I have been listed as getting

Ben F Meek III answered on Feb 15, 2017

It depends on the terms of the will. You may be a devisee but the devise to you might be only a few dollars. If you are the only devisee and only beneficiary, you might be entitled to a greater portion of the estate. It just depends. If you think the assets of the probate estate have not been... 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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