Daniel J. Eccher

Daniel J. Eccher

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

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
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Fees
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Maine
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1st Circuit
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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
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HHS Division
Associate Attorney
Weeks & Hutchins, LLC
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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
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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
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Awards
Katahdin Counsel
Maine Supreme Judicial Court
Pro Bono Publico
University of Maine School of Law
Professional Associations
American Bar Association
- Current
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Maine State Bar Association
Member
- Current
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Websites & Blogs
Website
Blog
Legal Answers
27 Questions Answered
Q. What is the eviction process like in a probate related case?
A: The eviction process in a probate case is very much like the usual eviction process, with a couple of key differences. Usually, it is the Personal Representative of the estate who stands in the shoes of the landlord. The Personal Representative gives the tenants facing eviction proper notice, and if the tenants have not left within the required timeframe, the Personal Representative can file for "Forcible Entry and Detainer" in the local District Court. The courts tend to prefer that the Personal Representative and tenants work out a settlement, but, if necessary, a hearing will be held and the court will make a decision based on applying the facts to the law. If you are in either role (PR or tenant), you should try to get a lawyer with knowledge of both probate and landlord/tenant law.
Q. Do I have a right to move into a vacant home that I’m half owner of to protect it while waiting for probate to end?
A: You should hire a lawyer to advise you about this situation. Based on what you have said, it appears as if title to the house rests with the estate. Therefore, no one has a right to occupy the property until and unless it is deeded to them. You should be able to negotiate a lease with the estate, but you would only be able to do that if there is a Personal Representative appointed by a probate court, so I am confused why you would write that it is "doubtful the case will go to probate." Perhaps you meant that it could go through the "informal" rather than the "formal" process, but if title to real estate is involved, then it must go through probate.
Q. Can my 16 year old go to probate and say she wants to live with me rather than her mother?
A: Without delay, you should call Child Protective Services at 1-800-452-1999. Then, you should go to your local District Court and file for a Protection from Abuse Order on the teen's behalf. The filing fee is free; you can file it for free on the child's behalf. For more information, see the court's web site: https://www.courts.maine.gov/help/abuse/index.html Then, you should find a lawyer who practices family law. If you cannot afford to pay one, you should contact Pine Tree Legal Services. You want to go for "full custody" or the teen should petition in probate court for emancipation. Good luck!
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Contact & Map
161 Main St, Ste 1 - A
161 Main St, Ste 1 - A
PO Box 7
Winthrop, ME 04364
Telephone: (207) 377-6966
Fax: (207) 377-2445