There has been an explosion in the numbers of Americans rushing to make their will online. Understandably, the coronavirus pandemic has created the scramble to set up wills and end-of-life-directives. However, online do-it-yourself wills are sometimes invalid as they do not comply with all of the legal requirements here in Maine. The prevalence of willRead More
Resources: Estate Planning and Probate Law
The Importance of a Financial Power of Attorney
Every person over the age of eighteen should consider having a financial power of attorney. A “financial” power of attorney allows you to choose another individual, your “agent”, whom you trust, to handle your finances for you. If you become temporarily or permanently incapacitated in the future, your agent can help you pay your bills,Read More
How Do We Keep The Camp In The Family Forever?
The topic of common property ownership comes up frequently in the state of Maine with many people owning lake and beach properties in addition to their primary residences. It is commonplace for people to pass down their real estate to the next generation. This holds particularly true for sentimental vacation property. It may seem relativelyRead More
Maine Legislature Fails to Conform Maine’s Estate Tax to Federal Law
The Tax Cuts and Jobs Act increased the federal estate tax exemption to $11.2 million for persons dying and transfers after December 31, 2017. Maine advisors have been watching to see whether the State would conform its exemption to the federal exemption, as up through 2017 the Maine exemption and federal exemption had been inRead More
The Probate Process in Maine When There is a Will
Most of the articles advising you to avoid probate are directed at residents of states which have a much more complicated probate system than Maine’s system. Here, probating a will simply means filing the will with the Probate Court in the county where the decedent lived at the time of death, along with a fill-in-theRead More
Funeral Directions Separate from a Will
The Maine Legislature recently passed a law which provides that written directions regarding your funeral will be binding on all parties. The prior law was that your “next of kin” had the right to make your funeral arrangements unless you made prepaid arrangements. This often resulted in disputes among family members with different ideas aboutRead More
The Importance of a Will
Every person over the age of eighteen should have a will. A will allows you to decide who will receive your assets upon your death. If you do not have a will, the State of Maine decides who receives your assets. The rules the State of Maine established to distribute your assets may not beRead More
The Importance of a Healthcare Power of Attorney
Every person over the age of eighteen should have a healthcare power of attorney. A “healthcare” or “medical” power of attorney allows you to choose another individual, your “agent”, to make medical decisions for you. Your physician will always ask you, as the patient, for your decision about any medical procedure so long as youRead More
Joint Bank Accounts with Children: Why Joint Accounts Are Risky
If you are considering adding your adult child’s name to your bank account, you should consider the risks associated with doing so. Although it may be convenient and easy to accomplish, placing your adult child’s name on your bank account is not a recommended practice. The person you add to your account is presumed toRead More
Powers of Attorney Critical for Young Adults
The law makes 18 the age of majority, so parents of adult children, even though they may still be in college or partly dependent upon us, have no legal standing to carry out or assist them with their legal or business affairs. Nor do the parents have clear legal authority regarding matters of health care,Read More