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Maine Estate Planning Legal Questions

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4 legal questions have been posted about estate planning by real users in Maine. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.

My father is dying and has everything in his name. How do I gain control of his assets?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
It is not clear that there will be a "lucid moment" in which your father will be able to sign a Will before a notary and two witnesses who will not inherit.  If he is in Maine, this must occur in Maine.
It is not clear that there will be a "lucid moment" in which your father will be able to sign a Will before a notary and two witnesses who will not... Read More

How do I gift a house to my son?

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
While in theory you could gift the house to your son subject to the mortgage, (1) he may not qualify to take over the morrtgage and (2) other creditors may view this as fraud on a crerditor and sue you.
While in theory you could gift the house to your son subject to the mortgage, (1) he may not qualify to take over the morrtgage and (2) other... Read More

will an elderly person be denied mainecare if he gave away 15,000 4 years before he requires it.

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If the person who received the money returns it, Medicaid will disregard it. If not, the applicant will not be eligible for Medicaid until a certain time period has passed.  The length of this penalty period is determined by dividing the $15,000 by the amount which Medicaid determines is the standard daily cost of nursing home care in your state, about $200.  This means that the applicant will not be eligible for nursing home Medicaid for about 75 days.  The family can pay.  The applicant can go to a board and care home which will take him (but provide no nursing) in exchange for his Social Security.  There may be other alternatives, such as "Mason manor."  To explore these you may want to contact an elder lawyer using the Find a Lawyer function of the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
If the person who received the money returns it, Medicaid will disregard it. If not, the applicant will not be eligible for Medicaid until a certain... Read More

My parents Need to get a durable power of attoney done, my dad is in a nursing home, my mom lives in an appartment. Will & living will done. How to do

Answered 9 years and 3 months ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Hi - Your parents should meet with an attorney to prepare these documents for them.  A local attorney may be willing to go to the nursing home to meet with your father.  There usually is one meeting to discuss the document and then another meeting to sign.  The attorney would be representing your parents in drafting the documents, not you.  Each document has a different purpose:  a Living Will sets forth end-of-life preferences, a Health Care POA appoints an agent to make medical decisions for an incapacitated person, and a Durable Power of Attorney appoints an agent to handle financial matters and can take effect immediately or upon incapacity.  They are separate documents so that having one or two of them has no effect on the other(s).   The above does not constitute legal advice but rather general information.  Without a written agreement, I am not acting as your attorney or providing legal representation of any kind. ... Read More
Hi - Your parents should meet with an attorney to prepare these documents for them.  A local attorney may be willing to go to the nursing... Read More
Estate Planning
Maine

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