Maine Center for Elder Law attorney Barbara S. Schlichtman was recently interviewed by local station WMTW’s Tyler Cadorette regarding an Improvident Transfer case in Maine.
Maine’s Improvident Transfer of Title Act, M.R.S.A. 33 §§ 1021-1025 was enacted in 1988 for the purpose of better protecting victims of undue influence and financial exploitation.
In short, a transfer is presumed the result of undue influence if: (1) transfer of assets by a “dependent” elder, over the age of 60, totaling 10 percent of an estate or any real property; (2) to a person who has a confidential or fiduciary relationship with the elder; (3) for less than full consideration and without independent representation by counsel.
