Category: Estate Planning

Proposed Maine Law: An Act to Support Death with Dignity

The joint standing Committee on Health and Human Services heard public testimony on LD 347 and LD 1066 on Wednesday, April 5, 2017. Representative Jennifer Parker introduced LD 1066 titled An Act to Promote Life with Dignity[i]. The Committee reported out as Ought Not to Pass on April 25. The same Committee is divided on …

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5 WAYS TO AVOID INHERITANCE CONFLICT

It is no secret that inheritance can cause family conflict. It is all too common for family members to disagree over how to care for an ill or elderly loved one, or who should receive what when that person ultimately passes on.  Fortunately, there are steps you can take today to minimize conflict for your …

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Gifting Powers in Financial Powers of Attorney

A financial power of attorney (also called durable power of attorney or general power of attorney) is an important part of your estate plan. If you become incapacitated and are unable to act and make decisions for yourself, a financial power of attorney authorizes another individual to act for you. In the document, you are …

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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 …

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Important Developments Regarding the Laws on Delegation of Parental Rights

For various reasons, sometimes parents are unable to care for their children. For example, a child may be taking a trip out of state with a school or extracurricular program and an unrelated adult supervising the trip needs authority to make medical decisions if a problem arises. Other situations might be more long-term, such as …

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Prince may not have had a will. Don’t let this happen to you

The Artist Formerly Known as Prince, aka Prince Rogers Nelson, died on April 21, 2016, purportedly without a Last Will and Testament, or any estate plan, in place, according to documents filed by his sister Tyka Nelson in the probate division of a Minnesota District Court.  If that proves to be the case, Prince joins …

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New Federal Firearm Rule Protects Personal Representatives

An upcoming change in federal gun regulations stands to clarify the responsibilities of personal representatives of estates that include certain types of firearms. Early this year, U.S. Attorney General Loretta Lynch signed ATF Rule 41F, which makes significant changes to federal regulations regarding transfers of firearms covered by the National Firearms Act (NFA).  The NFA …

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The CARE Act: Support for Maine’s Caregivers

  Caregiving from family and friends is an invaluable help, particularly for older individuals who wish to continue living in their homes. Fortunately, many Mainers support each other by assisting with the multitude of daily living tasks. According to Valuing the Invaluable: 2015 Update by the AARP Public Policy Institute, 178,000 Mainers each provide an …

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RW Attorney Jennifer Eastman Contributes to the Maine Policy Review

A special issue of Maine Policy Review on aging (2015, Vol. 24, No. 2) has now been published. The issue was a collaborative effort between the Center on Aging and the Margaret Chase Smith Policy Center, which publishes the journal. You will find some 25 feature articles, commentaries, and interviews. Rudman Winchell Attorney Jennifer Eastman contributed to this …

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