Estate Planning & Probate
Whom we serve: We provide estate planning and probate services to people of all ages and all situations:
- Young families
- Retired people
- Parents of disabled children with special needs
- Elderly people
- Adults with disabilities
- Owners of farms and businesses
- People with substantial estates.
Wills & Trusts: We prepare Wills and Trusts for our clients, to help them:
- Ensure that, at death, individuals of their choosing receive the estate
- Appoint a suitable person to be in charge of the estate (the “personal representative” or “executor”)
- Provide for the needs of spouses, partners and children
- Appoint a suitable guardian for a minor or disabled child or family member
- Ensure proper management of a child’s or disabled person’s inheritance through the appointment of a trustee
- Minimize estate, gift and income taxes
- Preserve the estate against nursing home and long term care expenses
Ensure that a disabled family member is able to enjoy an inheritance while maintaining public benefits such as MaineCare (Maine Medicaid) and SSI, through the establishment of a Special Needs Trust
- Advise clients regarding appropriate beneficiary designation on retirement plans and life insurance
- Ensure efficient and orderly administration of the estate, including, if appropriate, avoiding probate.
For more information, find out Why have a Will? [link to blogpost] and Do you need a Living Trust? [link to blogpost]
Durable Powers of Attorney, Advance Health Care Directives and Living Wills: We help our clients:
- Appoint a trusted person to make financial and health care decisions in the event of incapacity
- Ensure appropriate end-of-life decisions
- Give instructions for organ donation and for funeral, burial or cremation
For more information, find out: Do you need a Power of Attorney? (link to blogpost)
Probate and Trust Administration: Following the death of a family member, we help clients:
- Prepare and file papers with the probate court to get a personal representative (executor) appointed:
- Advise and assist the personal representative in administering the estate, including paying debts, selling property and distributing the estate;
- Advise and assist trustees in the administration of a trust.
For more information, find out What is Probate? (link to blogpost)
- We work with personal injury attorneys and divorce attorneys to help their clients protect funds received as the result of a law suit while maintaining SSI, MaineCare (Maine Medicaid) and other public benefits
- We help parents provide for disabled children, disabled spouses or other disabled family members while enabling the child or family member to maintain these benefits.
Reduction of Estate, Gift and Income Taxes: We help clients with substantial estates minimize taxes through:
- Tax oriented trusts, including credit shelter trusts, marital trusts, QTIP trusts and irrevocable life insurance trusts
- Designation of appropriate beneficiaries on retirement plans and life insurance
- We frequently collaborate in these efforts with clients’ financial advisors and accountants.
Will Contests and other disputes: We assist clients who are involved in disputes involving an estate:
- We represent personal representatives, trustees and beneficiaries, through negotiation and representation in court.
- We also offer mediation services to help parties to these disputes resolve their differences outside of court.
Attorney y M. Wagley is an experienced estate planning attorney. She has authored articles and drafted legislation in this area and is a frequent speaker at seminars for attorneys and others. Attorney Michael J. Levey is effective in the resolution of disputes involving wills, trusts and estates, as both an advocate and a mediator.
For more information on our services, our fees, or to schedule an appointment, please contact us today.
