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 01 expand

Adverse Possession

Buy Chapter

D. Deniz Harrison, Sheehan Phinney Bass & Green PA
John H. Perten, Esq., Sheehan Phinney Bass & Green PA

Chapter 02 expand

Tort Actions Based on the Warranty of Habitability

Buy Chapter

Jeffrey C. Melick, Esq.,

Exhibit 2A

- Plaintiff’s Interrogatories to the Defendant Buy Form

Exhibit 2B

- Defendant’s Interrogatories to the Plaintiff Buy Form

Exhibit 2C

- Plaintiff’s Requests for Production of Documents and Other Items Buy Form

Exhibit 2D

- Defendant’s Requests for Production of Documents and Other Items Buy Form

Exhibit 2E

- Jury Instructions Buy Form

Chapter 03 expand

Landlord Applications for Injunctive Relief

Buy Chapter

Catherine F. Downing, Esq., Downing Van Dyke LLC

Exhibit 3A

- Sample Verified Complaint (Criminal Activity) Buy Form

Exhibit 3B

- Sample Order (Criminal Activity) Buy Form

Exhibit 3C

- Sample Verified Complaint (Property Damage) Buy Form

Exhibit 3D

- Sample Order (Property Damage) Buy Form

Exhibit 3E

- Sample Verified Complaint (Trespassing) Buy Form

Exhibit 3F

- Sample Verified Complaint (Trespassing—Alternative) Buy Form

Exhibit 3G

- Sample Order (Trespassing) Buy Form

Exhibit 3H

- Sample Notice of Trespass Buy Form

Exhibit 3I

- Sample Verified Complaint (Refusal to Allow Access) Buy Form

Chapter 04 expand

Tort Issues in Residential and Commercial Tenancies

Buy Chapter

Mark F. Itzkowitz, Esq.,

Exhibit 4A

- Complaint and Jury Trial Demand (Negligent Maintenance) Buy Form

Exhibit 4AA

- Sample Jury Instructions on Damages (Plaintiff’s Perspective) Buy Form

Exhibit 4B

- Complaint and Jury Trial Demand with Chapter 93A Claim (Negligent Maintenance) Buy Form

Exhibit 4BB

- Sample Jury Instructions on Compensatory Damages (Plaintiff’s Perspective) Buy Form

Exhibit 4C

- Complaint and Jury Trial Demand (Negligent Security) Buy Form

Exhibit 4CC

- Sample Jury Instructions on Comparative Negligence (Plaintiff’s Perspective) Buy Form

Exhibit 4D

- Plaintiff’s First Set of Interrogatories to Defendant (Trip and Fall) Buy Form

Exhibit 4DD

- Sample Jury Instructions on Evidence Properly Considered (Plaintiff’s Perspective) Buy Form

Exhibit 4E

- Plaintiff’s First Set of Interrogatories to Defendant (Negligent Security) Buy Form

Exhibit 4EE

- Sample Jury Instructions on Workers’ Compensation Lien (Plaintiff’s Perspective) Buy Form

Exhibit 4F

- Plaintiff’s First Request for Production of Documents to Defendant (Trip and Fall) Buy Form

Exhibit 4G

- Plaintiff’s First Request for Production of Documents to Defendant (Negligent Security) Buy Form

Exhibit 4H

- Plaintiff’s Request for Jury Instructions Buy Form

Exhibit 4I

- Sample Jury Instructions on the Nature of a Civil Action (Plaintiff’s Perspective) Buy Form

Exhibit 4J

- Sample Jury Instructions on Burden of Proof (Plaintiff’s Perspective) Buy Form

Exhibit 4K

- Sample Jury Instructions on Preponderance of the Evidence (Plaintiff’s Perspective) Buy Form

Exhibit 4L

- Sample Jury Instructions on Negligence (Plaintiff’s Perspective) Buy Form

Exhibit 4M

- Sample Jury Instructions on Duty of a Property Owner (Plaintiff’s Perspective) Buy Form

Exhibit 4N

- Sample Jury Instructions on Duty (Plaintiff’s Perspective) Buy Form

Exhibit 4O

- Sample Jury Instructions on Owner’s Duty of Care (Plaintiff’s Perspective) Buy Form

Exhibit 4P

- Sample Jury Instructions on Owner’s Non-Delegateable Duty of Care (Plaintiff’s Perspective) Buy Form

Exhibit 4Q

- Sample Jury Instructions on Duty of Care (Plaintiff’s Perspective) Buy Form

Exhibit 4R

- Sample Jury Instructions on Duty: Foreseeability (Plaintiff’s Perspective) Buy Form

Exhibit 4S

- Sample Jury Instructions on Evidence of Control (Plaintiff’s Perspective) Buy Form

Exhibit 4T

- Sample Jury Instructions on Evidence of Negligence (Plaintiff’s Perspective) Buy Form

Exhibit 4U

- Sample Jury Instructions on Evidence: Handrail Regulations (Plaintiff’s Perspective) Buy Form

Exhibit 4V

- Sample Jury Instructions on Standard of Care (Plaintiff’s Perspective) Buy Form

Exhibit 4W

- Sample Jury Instructions on Causation Without Use of Substantial Contributing Factor Language (Plaintiff’s Perspective) Buy Form

Exhibit 4X

- Sample Jury Instructions on Exact Cause of Injury (Plaintiff’s Perspective) Buy Form

Exhibit 4Y

- Sample Jury Instructions on Superseding Intervening Cause (Plaintiff’s Perspective) Buy Form

Exhibit 4Z

- Sample Jury Instructions on Causation (Plaintiff’s Perspective) Buy Form

Chapter 05 expand

Contracts for Purchase and Sale

Buy Chapter

Gary D. Zanercik, Esq., Nutter McClennen & Fish LLP

Exhibit 5A

- Notice of Purchase and Sale Agreement Buy Form

Exhibit 5B

- Affidavit of Seller Under G.L. c. 183, § 5B Buy Form

Exhibit 5C

- Affidavit Buy Form

Exhibit 5D

- Proposed Form of Lis Pendens Buy Form

Chapter 06 expand

Title Insurance Claims and Litigation—Recent Developments and Trends

Buy Chapter

Sharon M. Petrillo, Esq., Fidelity National Law Group
John F. Willis, Esq., Fidelity National Law Group

Exhibit 6A

- Sample Equitable Subrogation Pleadings Buy Form

Chapter 07 expand

Marketable Title

Buy Chapter

Sheila M. Hurley, Esq.,
Toni M. Mitchell, Esq.,

Chapter 08 expand

Condominium Litigation: Practice Points

Buy Chapter

Kimberly A. Bielan, Esq., Moriarty Bielan & Malloy LLC
Thomas O. Moriarty, Esq., Moriarty Bielan & Gamache LLC

Chapter 09 expand

Chapter 93A and Real Estate Transactions

Buy Chapter

Christopher P. Maffucci, Esq., Casner & Edwards LLP

Exhibit 9A

- Sample Chapter 93A Claim Letter Buy Form

Exhibit 9B

- Sample Chapter 93A Response Letter Buy Form

Chapter 10 expand

Construction Contract Claims

Buy Chapter

Elise M. Kuehn, Esq., Lane McNamara LLP
John J. McNamara, Esq., Lane McNamara LLP

Chapter 11 expand

Land Use Litigation

Buy Chapter

Jessica Bardi, Esq., Robinson+ Cole LLP
Danielle Andrews Long, Esq., Robinson+ Cole LLP

Chapter 12 expand

Special Permits

Buy Chapter

Michael S. Giaimo, Esq., API Northeast Region
Martin R. Healy, Esq., Goodwin Procter LLP

Chapter 13 expand

Variances

Buy Chapter

Martin R. Healy, Esq., Goodwin Procter LLP
Michael K. Murray, Esq., Nixon Peabody LLP

Chapter 14 expand

Easements and Restrictions

Buy Chapter

Justin M. Perrotta, Esq., KP Law, PC

Chapter 15 expand

Eminent Domain

Buy Chapter

James D. Masterman, Esq., Greenberg Traurig LLP

Exhibit 15A

- Complaint and Jury Claim Buy Form

Exhibit 15B

- Plaintiff’s Initial Set of Interrogatories to Be Answered by Defendant Buy Form

Exhibit 15C

- Plaintiff’s First Request for Documents Buy Form

Chapter 16 expand

Tax Abatement Proceedings on the Local Level

Buy Chapter

Patricia A. Metzer, Appellate Tax Board, Commonwealth of Massachusetts
David G. Saliba, Esq., Saliba and Saliba

Checklist 16.1

- Checklist to Determine Availability of Real Estate Tax Abatement Remedy Buy Form

Checklist 16.2

- for Formal Procedure Appeal of Assessors’ Decision Not to Abate a Real Estate Tax Buy Form

Checklist 16.3

- for Informal Procedure Appeal of Assessors’ Decision Not to Abate a Real Estate Tax Buy Form

Exhibit 16A

- Property Tax Exemptions, Tax Deferral Buy Form

Exhibit 16B

- State Form Application for Abatement of Real Property Tax Buy Form

Exhibit 16C

- 2016 City of Boston Application for Abatement of Real Estate Tax Buy Form

Exhibit 16D

- Case Study for the Practical Application of Tax Abatement Principles Buy Form

Exhibit 16E

- Assessors’ Information Request Buy Form

Exhibit 16F

- Property Tax Abatement/Exemption Denial Notice Buy Form

Exhibit 16G

- Property Tax Abatement/Exemption Certificate Buy Form

Exhibit 16H

- Petition Under Formal Procedure Buy Form

Exhibit 16I

- Letter Serving Petition on Assessors Buy Form

Chapter 17 expand

Enforcement of the State Sanitary and Building Codes

Buy Chapter

Thomas J. Broom, Esq., Boston, City of/Law Department
Edward Coburn, Esq., Boston, City of/Law Department
Neil R. Janulewicz, Jr., Esq., City of Boston Fire Department

Checklist 17.1

- Checklist for Housing Inspection Reports (G.L. c. 111, § 127B) Buy Form

Checklist 17.2

- Housing Complaint Screening Checklist Buy Form

Exhibit 17A

- Notice of Violation (Building Code) Buy Form

Exhibit 17B

- Notice of Violation (Sanitary Code) Buy Form

Exhibit 17C

- Attorney General v. Gilardi, Western Housing Court Docket No. 17-CV-0088 Buy Form

Exhibit 17D

- City of Boston Code Provision CBC 9-1.3 (Inspection and Re Inspection of Rental Units) Buy Form

Exhibit 17E

- City of Boston Ordinance Regulating the Maintenance of Vacant, Foreclosing Residential Properties Buy Form

Exhibit 17F

- City of Boston Code Provision CBC 9-14 (Short-Term Residential Rentals) Buy Form

Chapter 18 expand

Land Court

Buy Chapter

Hon. Gordon H. Piper, Land Court, Commonwealth of Massachusetts
Hon. Lauren Reznick, Land Court, Commonwealth of Massachusetts
Diane C. Tillotson, Esq., Hemenway & Barnes LLP

Exhibit 18A

- Checklist for Reviewing Registered Land Condominiums Buy Form

Exhibit 18B

- Land Court’s Outline on Registration/Confirmation Only Buy Form

Exhibit 18C

- Land Court Form of Complaint for Registration Buy Form

Exhibit 18D

- Land Court Form of Certificate to Be Endorsed by Local Assessors Buy Form

Exhibit 18E

- Land Court Form of Certificate of Opinion Buy Form

Exhibit 18F

- Mortgagee’s Affidavit Buy Form

Exhibit 18G

- Sample Case Management Conference Notice and Order Buy Form

Exhibit 18H

- Sample Pre-Trial Conference Notice and Order Buy Form

Editor(s)

Author(s)