Author Archives: Smilie G. Rogers

About Smilie G. Rogers

Elder law, life care planning estate planning, probate and tax attorney located in York, Maine. Licensed in Maine, Massachusetts and New Hampshire.

SJC rules on Nadeau and Daley Cases

See https://mirickoconnelltrustsandestateslawblog.wordpress.com/2017/05/30/sjc-rules-on-nadeau-and-daley-cases/.  

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Planning for Pets

I was recently quoted in the Bangor Daily News in an article A Trust fund for a pooch? .  From time to time I do have clients interested in planning for their pets, though it is not a frequent request.   Thankfully … Continue reading

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Age 70 1/2 Confusion for Retirement Accounts

This article from the Slott Report, https://www.irahelp.com/slottreport/age-70-%C2%BD-confusion-retirement-accounts, concisely explains the rules regarding when you have to take your first Required Minimum Distribution. Besides the Slott Report, another great resource for retirement planning is Appleby Retirement Consulting Inc. http://iraeducationcenter.com. Of course, … Continue reading

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Nadeau v. Thorn, MA SJC-12205

MA Supreme  Judicial Court appeal hearing in Nadeau V. Thorn. 1-5-2017.  http://www.suffolk.edu/sjc/archive/2017/SJC_12205.html Summary: Administrative Law; MassHealth Benefits– Whether the settlor is entitled to MassHealth long-term care benefits where the settlor’s former residence is held in an irrevocable trust. This is an … Continue reading

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THIS IS SERIOUS…

As Ming Ming on the Wonder Pets says (I am  the parent of 2 toddlers), THIS IS SERIOUS…a ten year lookback period for MaineCare Planning, block grants (when the State’s money runs out, MaineCare eligibility runs out). The long-term care … Continue reading

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Clio is great but have you considered Actionstep?

I have been a Clio user for about 6 years but recently made the switch to Actionstep.  http://www.actionstep.com.  The move has been expensive, relatively, both in terms of cost and time, but we think in the long term the investment … Continue reading

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Electronic Wills Act – New Hampshire Senate Bill SB40 Scheduled for Hearing

  SENATE BILL 40 AN ACT relative to electronic wills. SPONSORS: Sen. Bradley, Dist 3; Sen. Innis, Dist 24; Sen. Carson, Dist 14; Sen. Woodburn, Dist 1; Sen. D’Allesandro, Dist 20; Rep. Hunt, Ches. 11; Rep. Danielson, Hills. 7; Rep. … Continue reading

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Is Providing Successor Trustees with Guidance Beneficial?

I have never seen a trust drafted by another lawyer that attempted to provide guidance to a successor trustee but I have seem many successor trustees operating in the complete dark for years.  Often the result is the failure to … Continue reading

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Revised Additional Instructions for Advance Health Care Directives

Sometime ago now I blogged about the importance of empowering clients to prepare additional instructions regarding their wishes that go beyond what traditional boilerplate Advance Health Care Directives and/or Living Wills provisions.   Recently I undertook a significant revision of my … Continue reading

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Are we there yet?

       Planning takes time.  Meaningful planning requires vigilance, doesn’t it?  How do you as an estate planner maintain vigilance?  Assuming the client wanted to patriciate, how would you meaningfully accomplish this?   Would it be cost effective for the client?  Would it be cost effective for … Continue reading

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