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.

The Covid-19 Testamentary Work Around – The Holographic Will

Simple pour-over holographic wills offer a witness free alternative to an in-person Will signing in states that permit this. Continue reading

Posted in estate planning, Legal practice, wills and trusts | Leave a comment

NEEP Adds New Automated Documents

New England Estate Planning will offer free automated planning documents to registered attorneys. Continue reading

Posted in estate planning, Legal practice, wills and trusts | Tagged , , , , | Leave a comment

The Law Governing a Will – Can You Change It?

Maine Uniform Probate Code *** enables the drafter of any instrument, including but not limited to Wills, to alter the governing law.  Continue reading

Posted in estate planning, wills and trusts | Tagged , | Leave a comment

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

Posted in estate planning | Leave a comment

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  

Posted in estate planning | Leave a comment

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

Posted in estate planning | Leave a comment

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

Posted in estate planning | Leave a comment

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

Posted in estate planning | Leave a comment

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

Posted in estate planning | Leave a comment

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

Posted in estate planning | Leave a comment