Land Conservation
Land Conservation Smith Law, P.A. represents and advises Brunswick, ME and greater Portland area landowners on conservation easements, charitable donations of land, and related tax and real estate matters. We provide guidance in navigating the complex issues that impact conservation efforts and work with clients who wish to combine their conservation goals with family succession planning.
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Business Representation Brunswick, Maine businesses trust Smith Law, P.A. for a range of legal services. From the initial business setup (including the formation of corporations, LLCs, partnerships and other entities) and ongoing business tax advice, to the implementation of succession plans, our team will provide you with honest, practical advice to address your needs. Smith Law, P.A., assists with various business transactional matters including: Entity formation Tax advice Purchase and sale of businesses Business succession planning Corporate maintenance including serving as registered agent / clerk and annual report filing Contract preparation / review / negotiation Compliance issues Advice for nonprofits We represent many nonprofit entities and assist with all of their startup and operational needs. We work with principals to implement plans for disability, death and succession through shareholder agreements, buyouts and various business planning techniques. Our attorneys work closely with accountants and tax professionals to provide a focused and informed representation on business planning matters. By making practical business considerations a top priority, we ensure that our business clients see short- and long-term benefits from our representation.
Read moreReal Estate
Real Estate Whether you’re looking to buy a home in Brunswick or the greater Portland, Maine area, or you’re in love with Casco Bay and looking for a family cottage or dream home, Smith Law, P.A. can provide you with comprehensive legal services through each phase of your real estate transaction. We represent buyers and sellers in their residential and commercial real estate needs. We have in-depth experience with residential and commercial purchase and sales, leases, title and boundary issues, and drafting transactional real estate documents, including: Deeds Mortgages Promissory Notes Purchase and Sale Agreements Limited Powers of Attorney Easements Conservation easements Leases Road Associations / Road Maintenance Agreements Options / Rights of First Refusal Boundary Line Agreements Our real estate representation ranges from standard agreements and closings to complex, multi-party deals. We are available to host closings and provide full-service title, settlement, and escrow services. We provide experienced and thorough representation to safeguard your investments and help you achieve your goals. The attorneys are title insurance agents for First American Title insurance company. We issue both lender and owner policies, which protect the insured party against loss due to defective title and other claims which may not arise until years later. For more information on title insurance, please check out the relevant memoranda on the Links page.
Read moreElder Law
Elder Law There are many potential benefits to addressing elder care issues before crisis hits. Smith Law, P.A. focuses on preventative strategies and advice for aging clients and their families. The soaring costs of long term-care and the complex set of MaineCare rules and regulations have left many elderly individuals confused and unable to fully enjoy the transition into their “golden years”. We help Maine’s aging population and their families navigate this difficult process with clear, goal-oriented solutions. Plans are often as simple as implementing a comprehensive durable financial power of attorney. Sometimes, more complex planning can be warranted including the use of irrevocable trusts. Our expertise and services in the area of elder law include: Financial powers of attorney and advance health-care directives Applications for MaineCare assisted living and/or nursing home benefits Asset preservation techniques Medicaid Asset Protection Trusts (MAPTs) to shelter a client’s assets from MaineCare Estate Recovery Supplemental Needs Trusts to protect assets for beneficiaries who are the recipients of MaineCare or other government benefits Caregiver contracts for family members Various tailored planning techniques (both short and long term) designed to address transitions to nursing homes and protect income and assets while ensuring MaineCare eligibility The law, regulations and rules in this area of the law are complicated and often change. We aim to educate our clients on the nuances of the law and make sure you fully understand the proposed plan before it is put into place. We utilize ElderCounsel, a highly regarded national legal support company, for elder law education networking and other tools. Feel free to contact us with any questions you may have.
Read moreProbate and Trust Administration
Probate and Trust Administration Smith Law, P.A., offers comprehensive administrative services in the probating of wills and, administration of trusts. The firm’s staff and attorneys work together with the client to develop a plan for administration of estate matters from start to finish. Depending on the circumstances and complexity of the estate, this may mean relatively limited involvement by the firm, periodic “check-ins” with the client, or in more complicated estates full support and administrative services performed by firm staff at the direction of the fiduciary client. We strive to ensure our clients have a clear understanding of the process, their duties, and the outcomes. Our practice includes representing personal representatives, trustees and other fiduciaries to ensure they do the job correctly and follow the law. We work with a network of accountants and other tax professionals to ensure tax obligations are met and concerns are addressed. In addition to taking a sensitive and conscientious approach to its handling of these matters, the firm emphasizes efficiency and cost-effectiveness with respect to probate and administration issues. Whenever possible we provide these services to our clients at our reduced paralegal rates. We routinely represent beneficiaries of estates or trusts who hire us to ensure their rights are protected and the law is followed.
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Estate Planning Maine is the oldest state in the country and much of its elderly population is based in the southern and Midcoast regions in Brunswick and the greater Portland area. Regardless of your age or how much money you have, you can benefit from having a proper estate plan in place. Effective estate planning requires an understanding of current legal, tax and political developments as well as experience dealing with the many concerns – both financial and practical – that confront individuals as they plan for retirement, the potential for disability/incapacity, and ultimately the disposition of their estate upon death. At Smith Law, P.A., we work closely with our clients and their families to eliminate uncertainties and achieve positive outcomes. We provide estate planning services for clients at every stage of life. Our mantra is KIS, “keep it simple” (we kept off the last “S”). We believe clients should understand their estate plans, and client education is a necessary precursor to that objective. Smith Law, P.A. employs many tools for educating clients, including the materials on this website, memoranda and visuals graphs and schematics. We make sure to listen carefully to our clients. We believe this is crucial to assuring that our clients’ objectives are both understood and achieved to the best of our ability. Our representation in the area of estate planning includes: Preparation of wills and trusts (both revocable and irrevocable) Financial powers of attorney Medical powers of attorney and advance health-care directives Disability / special needs planning (e.g. special needs trusts) Sophisticated income and estate tax planning Elder care and MaineCare/long term care planning (addressed in more detail on the “Elder Law” page) Charitable planning Business succession planning including sales and gifts of business interests to family members and third parties Succession planning for family camps/cottages including crafting and implementing LLCs, trusts and other real estate management vehicles
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