Maine’s Enactment of Uniform Probate Code

The Maine Uniform Probate Code (MUPC), Title 18-C M. R. S. § 1-101 et seq., https://legislature.maine.gov/statutes/18-C/title18-Cch0sec0.html, with a delayed effective date of September 1, 2019 (see Section 8-301(1), H.P. 1881- L.D. 1535) pursuant to emergency legislation, revokes Title 18-A. Title 18-C brings with it significant changes to the law, including a new means of collection against nonprobate transferees in insolvent estates, automatic inflation adjustments, transfer on death deeds, multiple-party accounts, changes to the elective share, changes to the intestacy statute, the Maine Revised Uniform Fiduciary Access to Digital Assets Act,  just to  name a few, all of which will alter the preprobate process in some respects and probate practice in many respects.  Many practice forms will need to be revised, including but not limited to Wills, Powers of Attorney, and tangible memorandum bequest forms.   Stay tuned for a series of short articles on this blog that will explore the changes and what you should know.

Got Forms?  The legal wind direction has changed once again!

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Once it is launched, New England Estate Planning (www.newenglandestateplanning.com) will host updated forms, which will be very helpful for the attorney that is licensed in Maine but does not regularly practice in Maine.   Access to forms on www.newenglandestateplanning.com is limited to lawyers licensed to practice law in Maine, New Hampshire, and Massachusetts.

Happy Drafting!

About Smilie G. Rogers

Smilie is an elder law, estate planning, probate, and tax attorney at Brennan & Rogers, PLLC, with offices in York and Kennebunk, Maine. See www.brennanrogers.com. Licensed to practice law in Maine, Massachusetts, and New Hampshire and licensed, but inactive, in Virginia. Smilie is also the founder of New England Estate Planning, see www.newenglandestateplanning.com, a fledgling website with the stated purpose of sharing legal knowledge and know-how, including automated forms, with and among estate planning lawyers.
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