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Daniel J. Eccher
Levey, Wagley, Putman & Eccher, P.A.
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Biography
I enjoy helping clients with estate planning and probate administration of estates. I particularly like helping people plan for long-term care while protecting their assets for their families. Let me help you and your family plan for the years ahead.
Education
- University of Maine - School of Law
- J.D. (2014) | Law
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- Honors: Pro Bono Publico Award
- Activities: MAPIL, Health Law Association
- Boston University
- MPH (1999) | Epidemiology and Biostatistics
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- Vassar College
- B.A. (1996) | Biology
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- Honors: Phi Beta Kappa
- Activities: College Choir and Madrigal Singers
Professional Experience
- Managing Shareholder
- Levey, Wagley, Putman & Eccher, PA
- - Current
- Principal
- Eccher Law, LLC
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- Assistant Attorney General
- Maine Office of the Attorney General
- -
- HHS Division
- Associate Attorney
- Weeks & Hutchins, LLC
- -
Awards
- Katahdin Counsel
- Maine Supreme Judicial Court
- Pro Bono Publico
- University of Maine School of Law
Professional Associations
- American Bar Association
- - Current
- Maine State Bar Association
- Member
- - Current
Jurisdictions Admitted to Practice
- Maine
- 1st Circuit
Fees
- Credit Cards Accepted
- Contingent Fees
Practice Areas
- Elder Law
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Real Estate Law
- Residential Real Estate
- Business Law
- Business Formation
Legal Answers
- Q. How can I transfer the house we live in from my husband to myself due to his terminal illness?
- A: You need to consult with a lawyer who knows MaineCare rules. You may be able to transfer your husband's interest in your home to yourself if you have specific "gifting" authority in his Power of Attorney. Generally, gifts from a MaineCare member to their spouse are allowed under the MaineCare rules. Also, in general, if there is a joint tenant on the deed with a MaineCare member, the state will not "come after the house" after they die, but the Estate Recovery process is complicated and risky.
- Q. If a Parent dies after remarrying and then dies with no will before the stepparent does, do the children get any inherit
- A: The answer to this question requires a close analysis of the facts and the law. Generally speaking, if someone remarries and then dies without a will, the new spouse would be entitled to at least part of the estate of the person who died, and his or her children by a previous relationship would split the rest. However, depending on the length of the new marriage and the size of the estate, the new spouse may be entitled to most if not all of the estate. You should seek the advice of a probate attorney as to your specific situation.
- Q. Can a house that is going through probate in Maine be rented out? If so, how does this get initiated legally?
- A: Probably, yes; it is quite common for people to rent real estate that is in probate. The "landlord" is technically the probate estate; the person with control would be the Personal Representative (PR) of the estate. If no one has been appointed as PR of the estate, you should petition the local probate court to appoint one before negotiating a lease. Once there is a PR, that person can negotiate a lease with any potential tenant. If you are the PR, you may want to check in with your siblings to be sure this plan is OK with all of them - they may prefer that it be sold as soon as possible, and it is harder to market real estate when it is occupied.
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