Daniel J. Eccher

I enjoy helping clients with estate planning and probate administration of estates. I particularly like helping people plan for long-term care while protecting their assets for their families. Let me help you and your family plan for the years ahead.

Elder Law

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Probate

Probate Administration, Probate Litigation, Will Contests

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

• Credit Cards Accepted
• Contingent Fees

Maine

Since 2014

1st Circuit

Since 2016

Managing Shareholder

Levey, Wagley, Putman & Eccher, PA

2017 - Current

Principal

Eccher Law, LLC

2016 - 2017

Assistant Attorney General

Maine Office of the Attorney General

2015 - 2016

HHS Division

Associate Attorney

Weeks & Hutchins, LLC

2014 - 2015

University of Maine - School of Law

J.D. (2014) | Law

2011 - 2014

Honors: Pro Bono Publico Award

Activities: MAPIL, Health Law Association

Boston University

MPH (1999) | Epidemiology and Biostatistics

1998 - 1999

Vassar College

B.A. (1996) | Biology

1992 - 1996

Honors: Phi Beta Kappa

Activities: College Choir and Madrigal Singers

Katahdin Counsel

Maine Supreme Judicial Court

2015

Pro Bono Publico

University of Maine School of Law

2014

American Bar Association

2014 - Current

Maine State Bar Association

Member

2012 - Current

Q. Can a house that is going through probate in Maine be rented out? If so, how does this get initiated legally?

May 22, 2023

A: Probably, yes; it is quite common for people to rent real estate that is in probate. The "landlord" is technically the probate estate; the person with control would be the Personal Representative (PR) of the estate. If no one has been appointed as PR of the estate, you should petition the local probate court to appoint one before negotiating a lease. Once there is a PR, that person can negotiate a lease with any potential tenant. If you are the PR, you may want to check in with your siblings to be sure this plan is OK with all of them - they may prefer that it be sold as soon as possible, and it is harder to market real estate when it is occupied.

Q. My mom and a house mate bought a house together. The housemate file chapter 7 of part of the house that she owns mom pas

February 17, 2023

A: Your mother's half of the house is now part of her probate estate, so you (or another heir) need to open probate by filing an application with the local probate court to be appointed as "Personal Representative" (PR; formerly known as "Executor") of her estate. Then, you should be able to talk to the former housemate and lender (I'm assuming there was a mortgage). Unfortunately, if no one pays the mortgage, the house may be lost to foreclosure. If you open probate, you can at let least get notice of the foreclosure process. It does not matter that your mother did not have a will. As an heir, you have the authority to ask the court to be appointed as PR.

Q. What is the eviction process like in a probate related case?

January 19, 2023

A: The eviction process in a probate case is very much like the usual eviction process, with a couple of key differences. Usually, it is the Personal Representative of the estate who stands in the shoes of the landlord. The Personal Representative gives the tenants facing eviction proper notice, and if the tenants have not left within the required timeframe, the Personal Representative can file for "Forcible Entry and Detainer" in the local District Court. The courts tend to prefer that the Personal Representative and tenants work out a settlement, but, if necessary, a hearing will be held and the court will make a decision based on applying the facts to the law. If you are in either role (PR or tenant), you should try to get a lawyer with knowledge of both probate and landlord/tenant law.