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

The Rhode Island Comprehensive Planning and Land Use Regulation Act

Buy Chapter

Amy H. Goins, Esq., Ursillo, Teitz & Ritch
Peter D. Ruggiero, Esq., Ruggiero Brochu & Petrarcha
Andrew M. Teitz, Esq., Ursillo, Teitz & Ritch

Exhibit 1A

- The Consistency Doctrine Applied: A Hypothetical Problem and Response Buy Form

Chapter 2 expand

The Rhode Island Zoning Enabling Act

Buy Chapter

Carolyn P. Medina, Esq., Law Office of Carolyn P. Medina

Chapter 3 expand

Presenting a Case for Zoning Relief and Litigating a Zoning Case on Appeal

Buy Chapter

George W. Watson, III, Esq., Robinson+Cole LLP

Chapter 4 expand

The Rhode Island Land Development and Subdivision Review Enabling Act

Buy Chapter

John P. McCoy, Esq., Bengtson & Jestings, LLP

Checklist 4.1

- Barrington, Rhode Island, Master Plan Checklist Buy Form

Checklist 4.2

- Barrington, Rhode Island, Preliminary Plat Checklist Buy Form

Checklist 4.3

- Barrington, Rhode Island, Final Plat Checklist Buy Form

Chapter 5 expand

Moratoria, Tolling Statutes, and Expedited Permitting

Buy Chapter

Amy H. Goins, Esq., Ursillo, Teitz & Ritch
Andrew M. Teitz, Esq., Ursillo, Teitz & Ritch
Michael A. Ursillo, Esq., Ursillo, Teitz & Ritch

Chapter 6 expand

The Rhode Island Low and Moderate Income Housing Act

Buy Chapter

Carolyn P. Medina, Esq., Law Office of Carolyn P. Medina

Checklist 6.1

- Comprehensive Permit Application for Low and Moderate Income Housing Buy Form

Checklist 6.2

- Required Findings for Approving a Comprehensive Permit for Low and Moderate Income Housing Buy Form

Checklist 6.3

- Permissible Reasons for Denying a Comprehensive Permit for Low and Moderate Income Housing Buy Form

Exhibit 6A

- 2021 Low and Moderate Income Homes by Community Buy Form

Exhibit 6B

- Fees-in-Lieu by Municipality Buy Form

Exhibit 6C

- 2021 Rhode Island Income Limits for Low and Moderate Income Households Buy Form

Exhibit 6D

- List of Approved Monitoring Agents Buy Form

Exhibit 6E

- R.I. Housing Model Deed Restriction Buy Form

Exhibit 6F

- Rules Implementing the Rhode Island Low and Moderate Income Housing Act Established Pursuant to R.I.G.L. 45-53—Amendments Approved January 2006 Buy Form

Exhibit 6G

- New Home Construction in Rhode Island by Building Permits 2002–2022 Buy Form

Chapter 7 expand

Special Development Districts, Business Improvement Districts, Historical Area Zones, and Redevelopment Authorities

Buy Chapter

Jon Restivo, Esq., Darrow Everett LLP

Exhibit 7A

- Providence Code of Ordinances: Capital Center Commission Provisions Buy Form

Exhibit 7B

- Providence Downtown Improvement District Petition Buy Form

Exhibit 7C

- General Powers of a District Management Authority Buy Form

Exhibit 7D

- R.I.G.L. § 45-32-5(a) (Setting Forth Powers of Redevelopment Authorities) Buy Form

Chapter 8 expand

Eminent Domain and Regulatory Takings

Buy Chapter

Timothy C. Twardowski, Esq., Robinson+ Cole LLP

Chapter 9 expand

Signage and Adult Uses

Buy Chapter

Robert G. Flanders, Jr., Esq., Whelan, Corrente, Flanders, Kinder & Siket LLP
Thomas W. Madonna, Jr., Esq., Hinckley Allen LLP

Chapter 10 expand

Brownfields, Wetlands, and Municipal Regulations

Buy Chapter

Robin L. Main, Esq., Hinckley Allen LLP

Exhibit 10A

- Environmental Land Usage Restriction Buy Form

Exhibit 10B

- Sample Soil Erosion Control Ordinance Buy Form

Exhibit 10C

- Sample Storm Water Ordinance Buy Form

Exhibit 10D

- Sample Groundwater Ordinance Buy Form

Chapter 11 expand

Coastal Zone Law Impacting Land Uses

Buy Chapter

Anthony Desisto, Esq., Anthony DeSisto Law Associates, LLC
Mark E. Hartmann, Esq.,

Exhibit 11A

- Section 1.1.7 of the Coastal Resources Management Program: Variances Buy Form

Exhibit 11B

- Section 1.1.8 of the Coastal Resources Management Program: Special Exceptions Buy Form

Exhibit 11C

- Type 2 Water Matrix Buy Form

Exhibit 11D

- Section 1.3.1(A) of the Coastal Resources Management Program: Category B Requirements Buy Form

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