Last Saturday’s column by Robert Skoglund (“The humble Farmer: Let me offer some advice before you go …,” March 26, Page A7) gave a seriously outdated impression of the probate process in Maine. For many decades, the probate hassles and costs portrayed by Mr. Skoglund have been history here.

Back in the 1960s, Norman Dacey’s book “How to Avoid Probate” exposed probate abuses that prevailed in many states at that time. Since then, Maine probate has been reformed. Most estates can be probated simply by filing a couple of forms. Lawyers may no longer charge a percentage of the assets in the estate. Estate taxes have become irrelevant in the vast majority of estates. Cost, complexity and time for estate settlement have been greatly reduced.

By the same token, the blanket prescription of a revocable trust to pass all property to the next generation is also poor advice. Occasionally, clients’ financial profiles and aims may justify creating trusts and putting property in them during their lifetime. In most cases, a couple can easily, safely and inexpensively pass their property to children, grandchildren or others by coordinated joint tenancies, designations of beneficiary and simple wills. Most lawyers draw simple wills as “loss leaders” for modest fees.

The probate dragon has long been dead in Maine. The columnist does no one a service by trying to revive it and wave it about at this point. Better it would be to encourage Mainers to arrange their affairs with appropriate cost-effective instruments as recommended by their legal counselors.

Peter L. Murray
Portland

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