A recent Maine Supreme Judicial Court decision should serve as a cautionary tale to beneficiaries of any estate involving real estate. Make sure any improvements on the real estate that are part of the estate are properly insured and don't assume that it is.

I went to see the movie “Finding Your Feet” at Railroad Square Cinema in Waterville yesterday. Why does a feature film get a mention in my blog, you wonder? Well, without giving too much away, the film was a wonderful celebration of life and chance for renewal – even later in life. Also, one of t...

The period immediately following the loss of a loved one can be overwhelming emotionally. The most important thing to figure out immediately is how to carry out your loved one's wishes as to organ donation. Next, get in touch with family and close friends – the people you don't want hearing about...

Of course you do — you own your home.  Well, that's not exactly what I was asking.  Sure, you have your deed that unequivocally declares that you and your spouse own your property together, and, after years of keeping your lawn pristine, you know your boundaries like the back of your hand (or do ...

A special needs trust (SNT) can be a valuable tool in protecting the long term well-being of a loved one. Here are some common questions answered about various structures for SNTs.

College savings plans, often referred to as “529” plans (“NextGen” plans in Maine) have been around for a long time, as a way for parents to set aside funds for a child's education. These accounts receive favorable tax treatment and have been quite popular with parents and grandparents. Howe...

Many retirees look forward to traveling, including international travel. But don't assume that Medicare or your Medicare supplement policy will cover your care in another country, without the purchase of additional insurance. Medicare has extremely limited coverage for international travel, even...

Elders who reside in nursing homes are very vulnerable. Most are heavily dependent on others for help with their daily activities. Many are cognitively impaired and unable to speak for themselves. Nursing homes in Maine and elsewhere are often understaffed and struggle to meet the needs of th...

Have you been advised to purchase long term care (LTC) insurance? Before making such a purchase it is important to understand what such insurance will and will not cover. These are some of the things you need to know: Nursing home-only coverage vs. coverage of assisted living and home care: ...

Are you or a family member a Medicare resident of a skilled nursing facility, perhaps rehabilitating after a hospital stay? Have you or your relative asked to leave the facility for a few hours or a day for a special event or purpose such as Christmas dinner or a short visit home? Frequently, to ...

With the launch of the government's new health care exchanges on October 1, 2013, I have had a number of clients ask me how this will affect them as Medicare recipients. The answer is “not at all.” The exchanges are intended to serve people you don't get Medicare: typically people who are not yet...

The old saying “A stitch in time saves nine.” makes a lot of sense. Unfortunately, too often, people don't know that there may be a legal “stitch” needed. Below is a situation that I've seen. Luckily, if discovered and fixed early, a client can save a lot of time, money, and frustration. Most ma...

Medicare rules and policies are always confusing but there are some rules that, over time, people tend to hear about. One of the Medicare policies that people tend to be familiar with is the one that basically says, if you have been an inpatient in the hospital for three or more days, Medicare wi...

We have had a number of clients, either divorced or widowed, become happily married later in life. Sadly, after a number of years of love and companionship, one of them may start to decline and need expensive care in a nursing home or assisted living facility. For purposes of discussion, we'll as...

We have had a number of clients who fit the following profile: They are married for a second time, each with children from a previous marriage. One of them has substantially more than the other. Let's assume for discussion purposes that the husband is the one with more than the wife. The husband ...

Some clients who marry later in life do not think, before the wedding, about the usefulness of a prenuptial agreement. In the flush of romance, these clients may not have their minds on practical matters, such as ensuring that their assets will remain separate should they divorce and ensuring tha...

Consider the case of this typical client of ours, a man in his 60's, married for the second time to a lovely woman, also in her 60's. He has three grown children from his previous marriage and several grandchildren. She too has children and grandchildren of her own. Both have property, savings, a...

In the next couple of weeks, we will be blogging on some of the legal issues facing older people who are in second marriages. As Maine elder law and estate planning attorneys, we have many clients in this situation. Many of them have children from previous marriages and want to balance the needs ...

Aging is never easy and many people experience a short hospitalization followed by a longer stay in a skilled nursing facility. Elderly people in Maine and elsewhere have generally understood that their hospitalization will be covered by Medicare and that Medicare can cover skilled nursing care f...

Most people have some sense of what they want to happen with their “estates” (real estate, savings, cars and the “stuff” in their homes) if they die any time soon. If they have minor children, they know who they want (and, just as importantly, don't want) to raise their kids. But then they are he...

The cost of paying privately for care in a nursing home rose 4.4% in 2011, nationwide, according to a survey done by MetLife.  The current cost of one year in a nursing home is, on average, $87,000. The cost of care in a Maine nursing home is at least this much, if not more:  generally in the ra...

Many people – even lawyers – have trouble understanding some of the vocabulary of trusts and estates law. The basic documents are these three: Will (sometimes called one's “Last Will and Testament), Power of Attorney, and Advanced Health Care Directive. A more complicated estate plan may ...

A concern that older people often bring to estate planning and elder law attorneys is how they can make sure that, at their deaths, the right people receive treasured heirlooms and other items.  These items include jewelry, antiques, firearms, tools, musical instruments, artwork, knick-knacks, an...

Everything in life changes – especially the law on estate tax. Since I started practicing as an estate planning lawyer in Maine almost 14 years ago, estate tax laws have changed many times.   This last year, 2011, has been particularly eventful:  The federal estate and gift tax exemption incr...

As an attorney focusing on elder law, I am carefully watching the Maine Governor Paul LePage's proposed cuts to MaineCare programs serving the elderly.   My last blog post was about the proposed elimination of coverage for residential care (also known as “assisted living” or “boarding home” care)...