Daniel J. Eccher

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.

• Elder Law
• Estate Planning
• Probate
• Real Estate Law
• Business Law

• Credit Cards Accepted
• Contingent Fees

Maine

Since 2014

1st Circuit

Since 2016

Principal

Eccher Law, LLC

2016 - Current

Assistant Attorney General

Maine Office of the Attorney General

2015 - 2016

HHS Division

Associate Attorney

Weeks & Hutchins, LLC

2014 - 2015

University of Maine - School of Law

J.D. / Law (2014)

2011 - 2014

Honors: Pro Bono Publico Award

Activities: MAPIL, Health Law Association

Boston University

MPH / Epidemiology and Biostatistics (1999)

1998 - 1999

Vassar College

B.A. / Biology (1996)

1992 - 1996

Honors: Phi Beta Kappa

Activities: College Choir and Madrigal Singers

Katahdin Counsel

Maine Supreme Judicial Court

2015

Pro Bono Publico

University of Maine School of Law

2014

American Bar Association

2014 - Current

Maine State Bar Association

Member

2012 - Current

Q. My mom cashed in her life insurance policy and passed before the check came . We have a joint checking account.

8 October 2017

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.

10 May 2017

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.

31 January 2017

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

26 October 2016

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.