Elder Law Blog
Please note these resources are an archive for informational purposes, and shouldn’t be relied on as legal advice.
Common Estate Planning Misconceptions
In our law practice, clients often come to us repeating incorrect information that they “heard.” Here’s the truth behind common misconceptions. Having a Will does not avoid probate. Whether your estate needs to go through the probate court process is determined by...
Should I make major gifts to loved ones before I die?
By Mia Poliquin Pross, Esq. People often hear about the federal annual gift tax exclusion that allows one to make gifts up to a certain amount per year, per person, without having to file a gift tax return. The gift tax exclusion amount for 2024 is $18,000, and it...
How to Prepare for a Meeting with Your Estate Planning Attorney
By Mia Poliquin Pross, Esq. The first step is to select an attorney or firm with estate planning expertise and call and make an appointment. This is the most important step. Do not wait until you're very old, very sick, or in a crisis. Think of this as a gift to...
Basic Considerations for Your Last Will and Testament
By Mia Poliquin Pross, Esq. The last will and testament is an important part of a comprehensive estate plan. A basic estate plan should include at least three documents: a durable financial power of attorney, a health care power of attorney, and a last will and...
What is a Transfer on Death Deed?
By Mia Poliquin Pross, Esq. When Maine’s new Probate Code went into effect in the Fall of 2019, so too did the new statutory provisions allowing Transfer on Death Deeds (TODDs) in Maine. These deeds convey real estate and are executed and filed with the county...
Will my estate need to go through probate?
By Mia Poliquin Pross, Esq. Probate is a court process to appoint someone (called the “personal representative”) to settle the financial affairs of a deceased person, and to distribute the probate assets according to that person’s will, or according to Maine’s...
Take Care of Business While You Still Can
By Mia Poliquin Pross, Esq. One of my first questions to a new estate planning client is usually something like, “What’s your goal and what do you want to happen as you age and eventually pass away?” The most common answer is something along the lines of, “I want to...
What happens if I need long term care?
By Mia Poliquin Pross, Esq. It’s no secret – long term care is incredibly expensive. The average cost of nursing home care in Maine is about $10,000 per month. How do you pay for that expense if or when it’s needed? There are generally only a handful of payment...
How can I protect my home?
By Kathleen Kienitz, Esq. A recurrent question in the context of estate planning, is what can I do to protect my home? To get to the answer, it is necessary to first ask: protect it from what? More often than not, the answer to the second question is usually along the...