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How likely is it that Maine Estate Recovery will pursue a claim against an Estate with an out of state Personal Represenative.

Corning, NY |
Filed under: Estate planning Probate

Trying to protect what little assets my Father had, who died a year ago. The Estate value is only about $25,000. No Will, 3 heirs, and did file with the Probate Court in Maine. He does not have any assets in Maine. I am the Personal Rep and live in New York. Mainecare is trying to collect $5000 from care he received 10 years ago. Considering the amount involved, is it likely they would try to collect it through the courts, if I was to close the Estate now.

Attorney Answers 3

Posted

I doubt a NY lawyer can give you a meaningful answer. I suggest you re-post this in the Maine Avvo section. I suggest you be careful how you act so you don't incur personal liability.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

This area of law is especially state and even locally specific. Since estate recovery is a hot issue due to budget cutbacks, I suggest you consult with a Maine estates &/or elder law attorney, even though the estate is small. You might try a member of the National Academy of Elder Law Attorneys (NAELA) who handles estate recovery issues.

Nothing stated in this answer, or on any pages linked to this answer, shall be construed as legal advice, nor shall anything in this answer by itself operate to create an attorney/client relationship.

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Posted

My colleagues are correct. Your most prudent course of action is to speak with a probate or elder law attorney in Maine. The laws regarding recovery are unique to each state. You need to be careful how you proceed so that you do not create personal liability for yourself. Good luck.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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