Shane R. Stewart
For the past three decades Attorney Shane Stewart has focused his practice on personal injury, probate litigation, estate planning and administration, and military law. Below are various legal topics within Attorney Stewart’s primary practice areas.
Estate Planning and Administration
Attorney Stewart is an experienced estate planner. He also advises and assists executors, administrators, and trustees administer the estates of deceased or incapacitated individuals: Estate Planning – The correct preparation of an estate plan can maximize the amount of assets passed to heirs, while minimizing taxes as well as an executor’s or trustee’s stress. A simple estate plan involves such legal documents as wills, financial powers of attorney, health care powers of attorney and living wills, nomination of guardian forms and declaration of final arrangements. A more complex plan could involve one or more revocable or irrevocable trusts, in addition to the documents mentioned above. There are various types of trusts. Some, like a discretionary support trust, are created for heirs with addictions, debts or marital problems to ensure the proper management and use of trust assets from which they benefit. While other trusts, like a special needs trust, are created for the benefit of disabled persons to ensure the proper future management and use of trust assets, and to secure their continued eligibility for public benefits. Every estate plan is customized for the needs of the client.
Estate Administration – Administering an estate refers to the process which occurs when an individual’s property must be transferred and distributed after his or her death with the assistance of a Probate Court. Many assets pass to other people upon death without court oversight, such as assets held by a trust, real estate owned with a joint tenant with rights of survivorship, jointly held bank accounts, bank accounts held in trust for (ITF) or pay or transfer on death (POD or TOD), or life insurance and 401K’s that have either a beneficiary designation or designations. However, if an individual dies owning property in his or her own name, probate administration will be necessary whether the individual died without a will (intestate) or having a will (testate). Our office is able to assist executors, administrators and families in navigating the rules of the probate process.
Trust Administration – Many clients establish a living trust as a component of their estate plans. While the individual creating a revocable trust typically retains control of the trust assets, circumstances become more complicated when the trust creator dies or is unable to act as trustee. At this time, the successor trustee’s duties may be significantly more complex than those of the original creator, and potential liability may occur if the successor fails to follow the necessary procedures and directions of the creator. Our office regularly assists trustees through the transitional process of trust administration by advising clients as to the legal responsibilities of trustees and educating them about state specific laws relating to trust administration.
Probate Litigation
Tarbell & Brodich has experienced litigators that have successfully prosecuted or defended the following types of probate cases:
Elder Financial Exploitation – It is becoming more common for the elderly to become the victim of financial exploitation by a family member, friend or caregiver. Often the financial exploitation is accomplished by a perpetrator who has a relationship of trust with the elderly person, or through the use of a power of attorney, or other fiduciary relationship or appointment. We are experienced in representing family members in such matters, including stopping the exploitation, attaching and retrieving assets wrongfully taken.
Guardianship – Guardianship over a person is established when the court determines the functional limitations of an individual have declined to the point where that individual’s ability to participate in and perform minimal activities of daily living is not present. Guardianship over a person’s estate is established when the court determines that a person’s ability to understand and make decisions relative to financial matters is not present. The probate court has jurisdiction over these types of guardianships. To obtain guardianship, the applicant must prove beyond a reasonable doubt that the proposed incapacitated person is unable to provide for his or her basic needs, that he or she is incapable of making an informed decision to provide for his or her needs, that he or she will or has come to substantial harm as a result of his or her incapacity, and finally, the applicant must prove the guardianship is the least restrictive alternative available. Our office regularly represents families in establishing guardianships over a minor or adult, as well as representing proposed wards.
Estate/Trust - The common types of Estate/Trust litigation involve challenging the validity of a will/trust, such as due to undue influence or lack of testamentary capacity, and disputes over the administration of an estate/trust, including breaches of fiduciary duty, mismanagement of assets, and disputes over accounts. Other types of litigation include requests for termination or modification of a trust, and removal of the executor/trustee.
Military Law
Attorney Stewart is a retired military lawyer and was a certified U.S. Army Judge Advocate for 25 years. He retired with the rank of Colonel as the State Judge Advocate for the Maine National Guard, and has served combat tours in Iraq and Afghanistan and a 2022 tour in Eastern Europe in support of U.S. Forces operating on NATO's eastern flank. He is experienced in the following areas of military law: detainee operations, general and special courts-martial, operational law, administrative law, claims, contracts, fiscal law, benefits, SGLI insurance claims, various appeals, and legal services. He has many military awards including the Bronze Star and Legion of Merit.