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February 06, 2012
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Estate Planning News

 

 

Attorney General Takes Action Against Estate Planning Company

Attorney General Hardy Myers today warned older Oregonians about being targets of "living trust mills" and announced the filing of a court action against a North Bend estate planning business for the unauthorized practice of law through the promotion of living trusts.

Named in an Assurance of Voluntary Compliance (AVC), filed today in Coos County Circuit Court, are Asset Protection, Inc., Roger Stewart, president and employees Donald W. Chance, Douglas T. Laird and Barbara V. Kusserow, all of North Bend. The AVC admits no violation of law.

"Only a skilled attorney familiar with estate planning is able to advise a consumer whether a living trust is right for their particular situation," Myers said. "Oftentimes, we hear from families of seniors who were coerced into purchasing living trusts by untrained and unlicensed salespersons either going door-to-door or ‘hawking’ trusts during a free seminar or from a booth at a home improvement show."

Department of Justice investigators found employees of Asset Protection, in client interviews, would ask for personal financial information and then advise clients whether a living trust would be beneficial. If the consumer expressed interest in a living trust, employees would charge a fee for their "educational" service and then refer the client to an attorney for actual preparation of the trust.

Contact our Maine estate planning attorney now.

 
Did You Know?    
 
 
A "Family Limited Partnership" can be used to own and manage your property
In a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize federal and state estate/death/inheritance taxes as well as provide elements of asset protection.

 


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Latest news about Financial & Estate Planning in Maine and nationwide:

Attorney General Files Second Suit Alleging
HARRISBURG - Attorney General Tom Corbett today announced that a second civil lawsuit has been filed against the operators of a living trust sales ...
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Nelson Supports Full Repeal Of Estate Tax
To encourage economic activity and to allow for certainty in estate planning, Nebraska’s Senator Ben Nelson voted today to proceed to H.R. 8, the b...
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Permanent Tax Reductions Seen As Most Stimulative
WASHINGTON, D.C. - Permanent tax reductions would offer more economic stimulus than would temporary tax relief measures, according to a new study r...
Read more >


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Estate Planning Terms

 


Today's Terms

Inheritance Tax

Definition:
A tax imposed by the state at the time of a person's death that is based upon the total value of the decedent's estate

Trust

Definition:
A long recognized legal concept (first used in ancient Greece during the times of Socrates and Plato) in which some or all property of a Trust Creator is held on behalf of a beneficiary (which may include the trust creator) in the name of the Trustee.

Probate

Definition:
The process through which the legal title to property is transferred from a decedent to the beneficiaries. If a person dies with a will (testate), the probate court determines if the will is valid, hears any objections to the will, orders that creditors be paid and supervises the process to assure that property is distributed by the Personal Representative or Executor according to the terms of the will. If a person dies without a will (intestate) the probate court appoints an Administrator who receives all claims, pays creditors, and then distributes all property according to the laws of the state.

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Estate Planning Resources

 


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Estate Planning Hot Topics

 
Topics Related to Estate Planning:

  • Trusts
  • Wills
  • Uniform Probate Code
  • Gift Tax

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Maine Estate-Planning Attorney

 
If you live in the following cities and need an Estate-Planning attorney you should contact our Estate-Planning Attorney as soon as possible:

  • Auburn
  • Augusta
  • Bangor
  • Biddeford
  • Brunswick
  • Lewiston
  • Portland
  • Saco
  • Sanford
  • Scarborough
  • South Portland
  • Waterville
  • Westbrook
  • Windham
 


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