Product Description

Recent updates:

• Update: August 2023

  Dear Subscriber:

  Thank you for updating your library with the latest version of A Practical Guide to Probate in Maine . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions in this highly challenging area of practice.

  Highlights from the issues addressed in the 2023 edition include:

  • penalties imposed for violating the required minimum distribution (RMD) provisions for IRA accounts;

  • indexing of the homestead allowance and other family protections set forth in the Maine Uniform Probate Code (MUPC);

  • guidance on handling powers of attorney when moving to Maine or dealing with powers of attorney that are more than several years old;

  • a 2021 amendment clarifying that a delay in discharge from a hospital constitutes "substantial harm" for purposes of the statute's provisions on the appointment of an emergency guardian;

  • provisions regarding service on minors and incapacitated persons in informal probate proceedings;

  • updated federal estate tax exemption amounts, scheduled to sunset as of January 1, 2026 (absent further legisla-tive action), and updated state estate tax exclusion amounts;

  • procedures for notifying creditors and for disallowing claims against the estate;

  • resignation or removal of a personal representative;

  • the Maine Uniform Trust Decanting Act, which became effective on October 1, 2021, and the Maine Uniform Di-rected Trust Act, which became effective on January 1, 2020;

  • arrangements for handling client files, which may include an agreement to return the files or to store and dispose of them for a designated fee; and

  • guidance on using heir search services.

  We trust you will find this updated version of A Practical Guide to Probate in Maine an invaluable resource for your practice.

  Very truly yours,

  John M. Lawlor, Esq.

  MCLE Publications Attorney

Table of Contents

Chapter 1 expand

Risk Avoidance in Employment Law Claims

Buy Chapter

Linda D. McGill, Esq.,

Checklist 1.1

- Workplace Investigations: Questions, Answers, Guidance Buy Form

Checklist 1.2

- Checklist for Documentation: Ten Key Rules Buy Form

Checklist 1.3

- Ten Personnel Policies Essential for Legal Compliance Buy Form

Checklist 1.4

- Retaliation and Whistleblower Claims: Employer Checklist Buy Form

Checklist 1.5

- Checklist for Termination Decisions Buy Form

Chapter 2 expand

Employment Agreements

Buy Chapter

James B. Haddow, Esq., Petruccelli, Martin & Haddow, LLP

Exhibit 2A

- Sample Employment Agreement Buy Form

Exhibit 2B

- Sample Letter Agreement with Appended Proprietary Information and Nonsolicitation Agreement Buy Form

Exhibit 2C

- Sample Employment Agreement Buy Form

Exhibit 2D

- Sample Employment Agreement: Private Entertainment Company Buy Form

Chapter 3 expand

Privacy Issues in the Workplace

Buy Chapter

James B. Haddow, Esq., Petruccelli, Martin & Haddow, LLP

Checklist 3.1

- Checklist of Conditions Required Under the Maine Drug Testing Statute, 26 M.R.S. § 681 et seq. for Probable Cause Testing of Employees Buy Form

Exhibit 3A

- Form Personnel File Request Buy Form

Exhibit 3B

- Sample Email and Internet Use Policy Buy Form

Chapter 4 expand

Discrimination in the Workplace

Buy Chapter

David G. Webbert, Esq., Johnson & Webbert LLP

Chapter 5 expand

Accommodation and Leave Under Disability Discrimination Laws: ADA and MHRC

Buy Chapter

Katharine I. Rand, Esq., Pierce Atwood LLP
Daniel R. Strader, Esq., Pierce Atwood LLP

Chapter 6 expand

The Family and Medical Leave Act and the Maine Workers’ Compensation Act

Buy Chapter

Anne-Marie L. Storey, Esq., Rudman & Winchell

Chapter 7 expand

Duty to Accommodate Religious Beliefs and Observances

Buy Chapter

Katharine I. Rand, Esq., Pierce Atwood LLP
Daniel R. Strader, Esq., Pierce Atwood LLP

Chapter 8 expand

Pursuing and Defending Cases at the Maine Human Rights Commission (MHRC)

Buy Chapter

Maria C. Fox, Murray Plumb & Murray

Checklist 8.1

- Employee Strategy Considerations Checklist: MHRC Complaint Buy Form

Checklist 8.2

- Employer Strategy Considerations Checklist: MHRC Complaint Buy Form

Chapter 9 expand

Wage and Hour Law

Buy Chapter

William J. Sheils, Esq., Perkins Thompson PA
Katherine Skinner, Perkins Thompson PA

Checklist 9.1

- Checklist of Key Fair Labor Standards (FLSA) Issues Buy Form

Exhibit 9A

- U.S. Department of Labor Wage and Hour Division Fact Sheet No. 13: Employment Relationship Under the Fair Labor Standards Act (FLSA) Buy Form

Chapter 10 expand

ERISA Employee Benefits: Long-Term Disability Insurance

Buy Chapter

Gisele M. Nadeau, Esq.,

Exhibit 10A

- Sample Long-Term Disability (LTD) Policy Buy Form

Editor(s)

Author(s)