Westfield Trusts Lawyer, Maine, page 3


Martha A. Grant

Government, Estate, Elder Law, Civil & Human Rights
Status:  In Good Standing           Licensed:  43 Years

Jefferson Ashby

General Practice
Status:  In Good Standing           Licensed:  32 Years

Clare A. Exner

General Practice
Status:  Inactive           Licensed:  44 Years

Clare A. Exner

General Practice
Status:  Inactive           Licensed:  44 Years

Philip A. Christie

General Practice
Status:  Deceased           Licensed:  85 Years

Julian W. Turner

General Practice
Status:  Inactive           Licensed:  68 Years

Arthur J. Nadeau

General Practice
Status:  Inactive           Licensed:  85 Years

Walter S. Sage

General Practice
Status:  Deceased           Licensed:  76 Years

Reginald E. Burleigh

General Practice
Status:  Deceased           Licensed:  59 Years

Philip C. Roberts

General Practice
Status:  Deceased           Licensed:  71 Years

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LEGAL TERMS

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

FUNDING A TRUST

Transferring ownership of property to a trust.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)
The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)
Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

SAMPLE LEGAL CASES

Edwards v. Campbell

... Gutierrez v. Gutierrez, 2007 ME 59, ¶ 13, 921 A.2d 153, 157. [¶ 7] It is not disputed that the Probate Court has jurisdiction over the administration of trusts: "To the full extent provided in sections 3-105, 5-102 and 5-402... over all subject matter relating to... ...

In re Adoption of Patricia S.

... [¶ 1] Patricia S. appeals from a summary judgment entered in the Knox County Probate Court (Emery, J.) in favor of Thomas J. Watson III and George J. Gillespie III, as trustees of two trusts, on their petition to annul party-in-interest Olive W.'s 1991 adoption of Patricia. ...

IN RE PIKE FAMILY TRUSTS

[¶ 2] The essential facts are uncontested. Joyce E. Jack and Elaine A. Pike are the adult children of Clifton and Doris. Clifton died in 2003, and Doris died in 2007. Clifton and Doris executed substantially similar wills on the same date in 1999. Both wills [2] included clauses ...