Daniel J. Eccher

Daniel J. Eccher

Levey, Wagley, & Putman, P.A.
  • Elder Law, Estate Planning, Probate...
  • Maine
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Summary

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.

Practice Areas
  • Elder Law
  • Estate Planning
  • Probate
  • Real Estate Law
  • Business Law
Fees
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Maine
1st Circuit
Professional Experience
Principal
Eccher Law, LLC
- Current
Assistant Attorney General
Maine Office of the Attorney General
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HHS Division
Associate Attorney
Weeks & Hutchins, LLC
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Education
University of Maine - School of Law
J.D. / Law (2014)
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Honors: Pro Bono Publico Award
Activities: MAPIL, Health Law Association
Boston University
MPH / Epidemiology and Biostatistics (1999)
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Vassar College
B.A. / Biology (1996)
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Honors: Phi Beta Kappa
Activities: College Choir and Madrigal Singers
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
Legal Answers
4 Questions Answered

Q. My mom cashed in her life insurance policy and passed before the check came . We have a joint checking account.
A: I hesitated to answer this question because it lacks detail, but if I assume that the check was made payable to your mother, the problem is that she has passed, so she cannot deposit it. The general rule is that a check made payable to someone who has died cannot be cashed or deposited – rather, it should be returned to the party that sent it, with an explanation that the intended payee is deceased. In this situation, you may be thinking that because you share a bank account with your mother, you should be able to deposit the check in that joint account anyway. I would exercise an abundance of caution, because it seems quite likely that the insurance company and the bank will become aware of your mother’s date of death at some point in the near future. If you don’t want to send the check back to the insurance company, you can hold on to it until the Personal Representative of her estate has been appointed by the local Probate Court. The Personal Representative would have the authority to endorse any checks that were made payable to your mother in order to deposit them in an estate account. (Of course, this plan is only good if her estate is large enough to bother initiating proceedings in Probate Court.) Because there are so many unknowns, it seems like it would be wise to engage a local attorney with knowledge of administering estates.
Q. I probated my mom's will 5 months ago. My sister's lawyer asked for a detailed list of my mom's Estate.
A: This question appears to be incomplete, because it lacks a final punctuation mark, but I will answer that generally, the personal representative of an estate is required by statute to "... file or furnish an inventory of property owned by the decedent at the time of his death ...." (This statutory section can be found in its entirety at http://legislature.maine.gov/legis/statutes/18-A/title18-Asec3-706.html.) If you have not already done so, you probably need to do so soon. You may want to hire a lawyer who practices in Maine Probate Courts to see if there are other duties and deadlines about which you don't already know.
Q. Estate issue with two parents (Dad/Stepmom) who died without wills.
A: Assuming everything you have written above is correct, then I do not see any conflict. You all seem to be in agreement that the property should go to your step-mother's children. The only concern I would have is if you or your siblings do not understand whatever document you are asked to sign. If so, you should have a Maine-licensed attorney review it with you. If it is legitimate and effective, then once you have signed it, you should not have any further "legal or financial responsibilities in relation to the property."
Q. How can I structure if so my girlfriend can continue living in my house when I die, but my kids get the house as a part
A: It would be best to talk to an estate planning lawyer about your specific situation, but the short answer is that you could leave your girlfriend a "life estate" in the house in a will (or codicil to an existing will), with the remainder going to your children. The life estate would mean she would have use of the house for the rest of her life, but your children would have a "future interest." Another option would be to set up a trust, where the house could be held in trust for your girlfriend's benefit.
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Contact & Map
161 Main St, Ste 1 - A
161 Main St, Ste 1 - A
PO Box 7
Winthrop, ME 04364
USA
Telephone: (207) 377-6966
Fax: (207) 377-2445