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Enactment of the Special Needs Trust Fairness Act
On Tuesday December 13, 2016, President Obama signed the 21st Century Cures Act. Several pieces of the legislation focus on medical breakthroughs. It also includes the Special Needs Trust Fairness Act. Elder law attorneys across the country have been advocating in support of the Fairness Act for years. The passage of the Fairness Act means…
Medicaid Estate Recovery: Will the State Take my House?
There is a lot of misinformation and confusion surrounding estate recovery and the Maine Medicaid (MaineCare) long-term care benefit. One of the biggest fears we hear from aging Mainers is, “I don’t want the State to take my house.” That only happens in the context of a process called estate recovery. Estate recovery can only…
Preserving Your Family Home Legacy: Secure the Future for Generations with Estate Planning in Maine
Owning a cherished family home, especially in the scenic coastal regions of Maine such as Mount Desert Island, Hancock, and Deer Isle/Stonington, is a dream for many. However, ensuring that the family home stays within the lineage and preserves its legacy can be a complex task. That’s where a seasoned attorney can provide important assistance…
Dealing With Debt After Death
Families face a number of challenges when a loved one dies. The last thing a grieving family member needs is to be bombarded with calls from creditors trying to collect the debts of the deceased relative. It happens, nonetheless. Fortunately, the obligation of repayment generally does not extend to the deceased debtor’s family members. Instead,…
Trustee Duties
Duties of a Trustee As a trustee, you have been named to manage assets, funds, or property for someone else, which makes you a fiduciary. Fiduciary means the agreement is based on trust and confidence. Your basic duties as a trustee are outlined in the Maine Uniform Trust Code, but you should also…
The Forgotten Step in Estate Planning: Beneficiary Designations
Individuals often believe that a last will and testament is sufficient estate planning. However, a complete estate plan includes a last will and testament and planning for incapacity with a financial power of attorney and an advance health care directive. In some cases, a revocable living trust will also be included in the estate plan….