Author Archives: Smilie G. Rogers

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.

NEEP Adds New Automated Documents

New England Estate Planning (“NEEP”)(www.newenglandestateplanning.com), which opened for attorney registration on January 1st, has just announced that it has added more documents to its automated estate planning library. https://newenglandestateplanning.com/new-state-specific-automated-documents-added/. Only lawyers actively licensed in Maine, New Hampshire, or Massachusetts can … Continue reading

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The Law Governing a Will – Can You Change It?

The Law Governing a Will – Can You Change It?  Traditionally, a will in Maine was governed by the place where the decedent was domiciled at the time of his or her death.   The common law definition of “domicile” in … Continue reading

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Turn AVVO, Martindale-Hubbell, and SuperLawyers on Their Heads, and What Do You Get?

New England Estate Planning (“NEEP”), is, among other things, a state-specific automated drafting site for lawyers licensed in Maine, New Hampshire, and Massachusetts, and is now open for attorney registration. While the site, http://www.newenglandestateplanning.com, is not yet ready for attorney … Continue reading

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2020 SSI and Spousal Impoverishment Standards

The Centers for Medicare and Medicaid Services (CMS) released the Spousal Impoverishment Standards for 2020, which is available at https://www.medicaid.gov/medicaid/eligibility/downloads/spousal-impoverishment/ssi-and-spousal-impoverishment-standards.pdf  

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Quality Control in Estate Planning – How to Run Your Firm like it is Made in Geneva

Quality Control in Estate Planning – How to Run Your Firm like it is Made in Geneva.  How do you maintain constant quality control in your estate planning practice?  Of course,  as an attorney you pay attention to the details, … Continue reading

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Maine’s New Elective Share – Does a Marriage Become More “Worthy” with Age?

Maine’s New Elective Share – Is a marriage more “worthy” with age? Maine’s new probate code thinks so.  What do you think? If a decedent leaves a will and the surviving spouse is not provided for, as in the case … Continue reading

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Liability of nonprobate transferee – Trick or Treat?

Hold on to your candy kiddos; this is a stickup! Title 18-C MRS Section 6-102(2) (http://legislature.maine.gov/statutes/18-C/title18-Csec6-102.html) of Maine’s Uniform Probate Code introduces us to a new concept, nonprobate transferee liability.   The statute provides that, except as otherwise provided by statute, … Continue reading

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Maine’s Transfer on Death Deeds

  The enactment of the Maine Uniform Probate Code on September 1, 2019, brought with it Title 18-C M.R.S. § 6-401, et seq., the Uniform Real Property Transfer on Death Act, see https://legislature.maine.gov/statutes/18-C/title18-Csec6-401.html, which authorizes the use of transfer on … Continue reading

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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 … Continue reading

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Estate Planning – Attorney Control Sheets

Estate Planning – Attorney Control Sheets Have you ever wished that you could provide pinpoint directions to your staff for drafting an estate plan by checking boxes, making reference to your intake form or a  memo prepared for the file, … Continue reading

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