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279 York Street
P.O. Box 467
York, Maine 03909
207-361-4680
2 Storer St, Suite 111
Kennebunk, ME 04043
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The Brennan & Rogers, PLLC Journal
April 2020 Edition
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Special Edition:
COVID-19
and
Estate Planning
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We are open!
As a designated essential business, we are open for business and are committed to completing estate planning for as many clients as possible amid the COVID-19 pandemic and helping to navigate everyone who needs it through these uncertain times. Our goal is to help as many people as we can to get their estate planning documents in place, making them prepared and hopefully easing at least a little concern.
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Fees
During the COVID-19 pandemic, we are crediting our consultation fees toward document fees for Will and Trust-based plans. We are also offering free Transfer on Death Deeds (TODD), which are new to Maine, with any Will and Trust-based plan. You can read about TODD’s on
Smilie’s Blog
. We will do our best to accommodate your situation during this time by offering clients the ability to pay over time on a case by case basis.
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Serving our clients virtually and safely
In our effort to promote socially responsible distancing, we are limiting in-person interaction as much as possible by offering phone and video conferencing until further notice. We offer remote pre-signing document reviews, again by telephone or video conference, and, as just one of our novel ways to keep clients safe during this health crisis, we can even offer window signing service.
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Physical Office
The office door will be locked. If you have documents you would like us to review in advance of a meeting, please send them via e-mail, US Mail, fax, or drop them in the locked box outside our main office door to the left.
Please call (207) 361-4680 for a virtual appointment or to speak with us at any time.
Thank you for your patience and understanding. Please stay safe and be well. We look forward to talking with you soon.
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The CARES Act and How It Affects Seniors
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Alex Edelman/AFP via Getty Images
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The $2 trillion economic relief package that Congress passed to help Americans deal with the devastating financial impact of the coronavirus pandemic contains some provisions that affect seniors. In addition to authorizing direct payments to most Americans, including seniors, the law also changes required retirement plan distributions for this year and includes two Medicare-related provisions.
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Filing Deadline
The filing deadline for tax returns has been extended to July 15, 2020. The IRS urges taxpayers who are owed a refund to file as quickly as possible. For those who can't file by the April 15, 2020 deadline, the IRS reminds individual taxpayers that everyone is
eligible to request a six-month extension to file their return.
Payment Relief for Individuals
Income tax payment deadlines for individual returns, with a due date of April 15, 2020, are being automatically extended until July 15, 2020, with no limit of their 2019 tax due. This payment relief applies to individuals, trusts and estates. IRS will automatically provide this relief to taxpayers. Taxpayers do not need to file any additional forms or call the IRS to qualify for this relief.
Payment Relief for Corporations
For C Corporations, income tax payment deadlines are automatically extended until July 15, 2020, with no limit of their 2019 tax due.
Estimated Tax Payments
This relief also includes estimated tax payments for the tax year 2020 that are due on April 15, 2020.
Penalties and Interest
Penalties and interest will begin to accrue on any remaining unpaid balances as of July 16, 2020. If a tax return or extension is filed by April 15, 2020, the taxpayer will automatically avoid interest and penalties on the taxes paid by July 15.
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State of Maine Income Tax
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Payment Deadline
The State extended the payment deadline of April 15, 2020, to July 15, 2020. This includes any final and estimated Maine income tax payments due by April 15, 2020. Any failure-to-pay penalties and interest will be abated for the period of April 16, 2020, through July 15, 2020.
Filing Deadline
The extended filing deadline for Maine income tax returns is automatically tied to any federal extension. Therefore, the filing deadline of April 15, 2020, for 2019 Maine income tax returns, is automatically extended to July 15, 2020. This includes Form 1040ME (Maine Individual Income Tax Return), Form 1041ME (Maine Income Tax Return for Estates and Trusts), and Form 1120ME (Maine Corporate Income Tax Return).
Sales tax and payroll payments will continue as normal.
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Are you feeling over taxed by tax season this year? Smilie prepares
tax returns for seniors, estates and trusts! Give us call for this "no contact" service including a secure external client dropbox enabling us to accomplish everything remotely. We are here to help; just call!
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Remote Notorization and Witness Options
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This is new method with many requirements which may add additional time. It is not suitable for large document packages.
Maine Remote Signing
Must be able to use:
1) Statement by parties of their physical location
- Everyone must be in Maine. The Notary or at least one witness must be an attorney licensed to practice law in the State of Maine.
2) Use two-way audio-video communication technology,
- The Signatory must be reasonably identified by the Notary
- Use Driver’s license (front back)
- Or the oath or affirmation of a witness who is in the physical presence of the Notary or the Signatory;
3) Before any documents are signed:
- the Notary must be able to view by camera the entire space in which the Signatory and any witness is located, and any person who is present in those spaces must state their name while on video and in clear view of the Notary;
- The Signatory must affirmatively state on the two-way audio-video communication what document the Signatory is signing and the Notary must be provided with a copy of the document prior to the signing;
- Each page of the document being witnessed must be shown to the Notary and any witness on the two-way audio-video communication in a means clearly legible to the Notary and initialed by the Signatory in the presence of the Notary and any witness;
- The act of signing and initialing must be captured sufficiently up close on the two-way audio-video communication for the Notary to observe;
- The Signatory must transmit by fax or electronic means a legible copy of the entire signed document directly to the Notary and any witness, immediately after signing the document, or, if that is not possible, no later than 24 hours after the Signatory's execution of the document;
- The Signatory must send the original signed document directly to the witness within 48 hours (or 2 days) after the Signatory's execution of the document, or to the Notary if no witness is involved;
4) Within 48 hours after receiving the original document from the Signatory, the witness must sign it and sent to the second witness, if any, or to the Notary if no other witness is involved. The official date and time of each witness's signature shall be the date and time when the witness witnesses the Signatory's signature via the two-way audio-video communication technology described in paragraph 1;
5) Upon review of the original document and satisfactory comparison with the faxed or electronic document provided on the date of signing, the Notary shall notarize the original document within 48 hours of receipt thereof, and the official date and time of the notarization shall be the date and time when the Notary witnessed the signature via the two-way audio-video technology and shall add the following language below the Notary and or Witness signature lines:
"Notarized (and/or Witnessed) remotely, in accordance with Executive Order 37 FY 19/20";
and
6) A recording of the two-way audio-video communication must be made and preserved by the Notary for a period of at least 5 years from the date of the notarial act. The Notary shall provide a copy of the recording to the Signatory and the Secretary of State upon request.
7) Any document that is required under any law of the State of Maine to be notarized "in the presence and hearing" or similar language of a Signatory, and that is signed, notarized or witnessed in accordance with the terms of this Executive Order shall be deemed to have been signed and/or notarized in the presence and hearing of the Signatory.
8) The failure of a Notary or a witness to meet a requirement specified in this Order shall not invalidate or impair the recognition of a notarization performed by the Notary if it was performed in substantial compliance with this Order.
9) The Secretary of State is authorized to issue guidance consistent with this Order to protect the integrity of the remote notarization process
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How COVID-19 highlights the importance of having proper Estate Planning Documents in place.
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The Importance of Healthcare Directives and Powers of Attorney
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How to protect yourself and others!
The most current information available suggests the most effective way to protect ourselves, at this time, is by simply washing your hands. Believe it or not, there is a correct way to do it. Our December Newsletter featured National Handwashing Awareness Week and explained the proper method of washing your hands along with other vital information. We didn't know at the time just how relevant this information would be. Read our December issue below and
view our archives
on our website. We also invite you to forward our December newsletter to help spread awareness about the importance of proper hand washing.
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As fears spread about the coronavirus, possible quarantines and the possible impacts it could have on clients raise questions in my mind about the use of fundamental estate planning tools such as powers of attorney and advance health care directives. In some instances in the past, delaying the effective date of powers until incapacity made sense. In recent years, that has become the exception rather than the norm for a number of reasons. The norm today, by all accounts, is to have powers of attorney and health care powers take effect immediately. Ensuring that those powers and any health directives are up to date, makes more sense than ever when a community is faced with a health concern. Simple steps, like washing your hands, having basic supplies available and having routine legal documents in place are common sense things to do to be prepared. Many hospitals make health care powers freely available. You don't have to use an attorney but some people do as part of a complete plan. If you do nothing else, consider obtaining and executing an
advance healthcare directive
yourself
. Maine requires two witnesses to witness it and having it notarized is preferable. We encourage you to print, fill it out and please forward this to anyone you think would find this information useful.
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Maine is under a "Stay Healthy at Home Order" until April 30, 2020
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The photo at the left is a listing of what is considered essential and non-essential as far as businesses are concerned. Click on it for a easily view-able list!
We are an essential business and will remain open!
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Current measures in place
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Southern Maine State Parks and Beaches closed.
Schools are closed until at least May 1, 2020 with many continuing remote learning for the remainder of the school year.
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A Health Note from the G.O.A.T
Buccaneers Quarterback Tom Brady (we know- it is weird for us too) has offered some tips via Instagram to keep your immune system strong and stay healthy during the current pandemic. While he isn't a physician, he is the G.O.A.T., so maybe it's worth a listen?
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Stores Offering special hours for the Senior Citizen and At-Risk population
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These and other stores may also be limiting the amount of people in the store at one time in order to promote proper social distancing! Be prepared!
1) BJ's Wholesale Club (Members 60+)
Daily
8:00 am-9:00 am
2) Dollar General (senior citizens and at-risk)
Daily
First hour the store is open
3) Dollar Tree (senior citizens, pre-existing conditions and pregnant women)
Daily
First Hour the store is open
4) Hannaford (60+ and those who are immune-compromised)
Tuesdays, Wednesdays, Thursdays
6:00 am-7:00 am
5) Market Basket (60 years+)
Tuesdays, Wednesdays, Thursdays
5:30am-7:00am
6) Shaw's (seniors citizens, immune-compromised, at-risk, pregnant, etc...)
Tuesdays and Thursdays
7:00am- 9:00am
7) Target (elderly and those with underlying health conditions)
Wednesdays
First hour the store is open
8) Whole Foods (for people 60+)
Daily
Opening one hour earlier
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Follow Us across Social Media
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See what our clients have to say about their experiences!
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279 York Street
P.O. Box 467
York, Maine 03909
207-361-4680
Monday - Friday: 9 am - 5 pm
Saturday: By appointment
Sunday: Closed
*Satellite office located in
Kennebunk, ME
is staffed for scheduled appointments made through
the York office only *
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The information and/or materials appearing or contained on the newsletter of Brennan & Rogers, PLLC have been prepared and made available for informational purposes only and do not constitute legal advice. The transmission and receipt of information contained on this newsletter, to clients or otherwise, do not constitute the giving of legal advice or other professional advice and/or services. No recipient of information or materials from this newsletter should act or refrain from acting on the basis of any information or materials contained on this website without seeking legal advice. Links on this newsletter may lead to other websites. Brennan & Rogers, PLLC does not necessarily endorse or approve of any materials or information contained upon linked websites and is not responsible for any materials contained upon such linked websites.
You are receiving this newsletter as a courtesy for being one our valued ACRS members or have opted in via web form. If you no longer wish to receive it, please feel free to unsubscribe with the link at the bottom of this email.
Brennan & Rogers, PLLC
279 York Street (PO Box 467)
York, ME 03909 207-361-4680
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A BBB Accredited Business since 12/3/2019 with an A+ Rating
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