Category: Individual & Family Law
Reflections on Defamation
By: Rudman Winchell Attorney Brent A. Singer My Mother always told me “If you can’t say something nice about someone, don’t say anything at all.” So it’s a wonder I ended up being a lawyer. The truth is, though, even my Mother, God rest her soul, probably said a bad thing about someone from time …
New Maine Budget Increases Estate Tax Exclusion
By Rudman Winchell Attorney Jonathan Hunter Maine’s recently adopted state budget includes important changes to Maine’s estate tax. The new budget greatly increases Maine’s estate tax exclusion, bringing it in line with the federal estate tax exclusion. Only individuals whose estates exceed the exclusion amount are subject to the estate tax. Until 2016, when the …
Should I Transfer My Home to My Children? What to Consider Before Gifting Your House or Other Real Estate.
Many people wonder whether they should transfer real estate, usually their home, to their children or another close relative as a protection against possible future long-term care expenses. Given the high cost of long-term care and that the home is often people’s most valuable asset, this thought is common. However, there are many factors you …
The Importance of Succession Planning
We all know we should have an estate plan to ensure our assets go to the people and organizations we want to have them with as little delay and cost as possible. But have you considered who will take your place when you are no longer able to fulfill your responsibilities due to incapacity or …
CHILD SUPPORT IS HOW MUCH?
By Rudman Winchell Attorney Anthony A. Trask I have written more than once about the difficulty of predicting how much a Maine Family Court will award in alimony in a divorce. Maine’s law on this subject is complex and allows the trial judge an abundance of discretion in deciding what is fair and reasonable.[i] As …
THE DIVORCE PROCESS IN MAINE
By Rudman Winchell Attorney Anthony A. Trask DIVORCE PAPERS It is a common refrain, “I got served with divorce papers.” We hear it from hapless friends and colleagues from time to time and probably do not ask questions, preferring to remain in the dark. However, what do you do when you are the one handed …
Have an advance health-care directive? Now make the most of it.
By: Rudman Winchell Attorney Jonathan P. Hunter Maine law permits competent adults and emancipated minors to prepare an advance health-care directive. An advance directive authorizes an agent to make health-care decisions for you if you become incapacitated. Your advance directive may also include specific instructions regarding provision or withdrawal of life-sustaining treatment, artificial nutrition and …
FAMILY DIVISION TASK FORCE: Concludes Work and Issues Report
By: Rudman Winchell Attorney Anthony Trask (a member of the task force) Nearly a year ago I wrote about being selected to serve on the 2013 Family Division Task Force. The mission of the Task Force was to study the Family Division of the Maine District Court and to make recommendations regarding how the …
“Penny Wise and Pound Foolish” when it comes to Legal Zoom and other Document Companies
The Florida Supreme Court recently ruled for two nieces not included in a will drawn up by a testator on an “E-Z Legal Form.” In Aldrich v. Basile (SC11-2147), the testator Ann Aldrich used an E-Z Legal form to devise certain items she had listed on the form. The form did not include a residuary clause, which provides …
Top 5 Reasons Your Estate Plan May Need To Be Updated
We all know of David Letterman’s Top 10 List. While this will not be as amusing as David Letterman’s list, below are practical reasons you should dust off your estate planning documents and review your estate plan in light of your present day circumstances. Drum Roll…. #5 – Purchase or Sale of a BusinessIf you …