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477 Congress Street | Suite 1104 | Portland, ME 04101
Telephone: (207) 774-6665 | Fax: (207) 774-1626
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We practice in several areas of law,
described below, on a regular basis.
This list is not exhaustive. It is
intended only to describe, in general
terms, our practice and and the nature
of the issues involved in each area.
- Guardians and Conservators
A probate court in Maine can appoint a guardian for a minor or incapacitated adult when the person in need lacks
the mental or physical capacity to make responsible decisions for his own care. Similarly, a conservator may be appointed when the affected person cannot make responsible decisions regarding his financial affairs. In order to demonstrate incapacity, one must provide
the court with a physician's statement.
Spouses and adult children have priority of appointment. These individuals are often called upon to make decisions of placement when the affected person needs to take residence in a nursing or boarding home, or requires medical care, and the affected person cannot or will not give informed consent.
If an incapacitated person has a sizeable estate, there will be matters of
Medicaid planning to consider.
For more information, please contact Mr. Boutin.
- Divorce
Divorces in Maine are commonly granted on the basis of irreconcilable differences, commonly thought of as "no fault." In most cases involving minor children, the
court will award shared parental rights and responsibilities, meaning that most decisions of import will be decided
jointly after divorce. Maine courts employ child support guidelines to determine the amount of child support paid by the parent without primary residence.
In order to determine parental
rights, including the rights of primary
residence and of visitation, the court
will determine the best interests of the
children. It is a common practice
for a guardian ad litem, who
serves as a representative for the
children, to be appointed in contested
cases.
There may arise a change in a
party's circumstance after divorce which requires additional litigation. Common examples include the need for a change in the amount of support payments when one or more parents receives a raise, or suffers a job loss or wage reduction. Post-divorce litigation can also include issues relating
to the need to change spousal support (alimony) payments.
For more information, please contact Mr. Boutin.
- Parental Rights and Responsibilities
These are actions brought by unmarried parents of minor children for the purpose of determining parental rights and responsibilities and child support. Typically, one parent will seek the right
of primary residence, a visitation schedule with the non-residential parent, and an order determining child support. When the paternity of one parent is at issue, the court will order a laboratory test to determine parenthood.
For more information, please contact Mr. Boutin.
- Contract Review
Persons entering into real estate purchase and sale contracts often sign the agreements without fully understanding their obligations under the contract. We advise clients to have these agreements reviewed by us before signing the document. The review is not normally expensive and can sometimes save the client from an expensive problem and litigation. We also assist clients at real estate closings.
For more information, please contact Mr. Jewell.
- Tax-Deferred Exchanges
Owners of commercial real estate usually incur capital gains tax liability upon the sale of their property. Within certain guidelines, some or all of the liability can be deferred by the purchase of other commercial property within 180
days of sale. Mr. Jewell
and our company, Maine Exchange
Services, LLC, has assisted many clients with such exchanges
by serving as a qualified intermediary.
For more information, please contact Mr. Jewell.
- Commercial Real Estate
Owners and sellers of commercial real estate have issues to deal with which are quite different than those of homebuyers. Apartment building owners must often assign leases and negotiate the transfer of security deposits, among other things. The buyers and sellers are often business organizations such as limited liability companies, corporations, trusts
or partnerships. Their legal existence must be verified, and
their authority to enter into such
transactions must be confirmed. Mr. Jewell has represented many buyers and sellers in these transactions.
For more information, please contact Mr. Jewell.
- Landlord and Tenant Law
An owner of a multi-unit property
becomes a landlord upon the purchase of
such real estate and must learn the
nuances of property management and how
to evict a troublesome tenant. Our
office has represented numerous
landlords on a regular basis and advised
them of proper procedure for providing a
tenant with a notice to quit and
commencing legal action in court.
We also provide landlords advice on the
validity of a lease and assist them in
the preparation of a new and valid lease
for their property. We do not
represent the interests of tenants.
For more information, please contact Mr. Boutin.
- Zoning and Use Interests
Business owners sometimes wish to expand the use of a particular property. Prospective purchasers may make their purchase of a property contingent upon the expansion of allowed uses so to include the intended use. Our firm will assist the client
in preparing and presenting an application for such expansion before local government boards.
For more information, please contact Mr. Jewell.
- Wills, Advance Health Care Directives
Our firm prepares testamentary wills our clients. A simple will is one in which a client leaves all of his property to another without restriction. Clients with minor children will often include testamentary trusts, which limit the amount and use of funds over the course of time. Clients with large estates will often consider the use of disclaimer or credit shelter trusts in order to avoid estate tax liability ("death taxes"). Care is given to address the unique concerns of each client in the preparation of the will.
An Advance Health Care Directive is a comprehensive document which includes directives to a physician when the patient is unable to give instructions as to treatment in the case of an acute and terminal illness. The instrument also appoints another person as an attorney in fact to make health care decisions when the author is unable to do so.
For more information, please contact Mr. Boutin.
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