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9 Me B. Bull. 1 (1975)

handle is hein.barjournals/mainbabu0009 and id is 1 raw text is: VOL. 9 NO. 1 MAINE STATE BAR ASSOCIATION JANUARY 1975 Gifts In Contemplation Of Death By A. A. Clifford 1 bh Hansen, Esq. A. A. Clifford Hansen graduated from the New York University School of Law in June 1926 with the degree of Bachelor of Laws. He is a member of the Inter- national Legal Fraternity of Phi Delta Phi. He was admitted to practice law in the State of New York on October 26, 1927. He had an office for the Practice of law at 67 Wall Street, New York City, from the time he was admitted to practice law until February 1961. During this period he specialized in business law and tax law. In March 1961 he formed a partnership with Judge Stewart W. Rowe at 175 Main Street, White Plains, New York, where he specialized in probate law and tax law. In June 1967 he moved to Brooklin, Maine, and was admitted to practice law in the State of Maine on May 28, 1968. He has an office in Sedg- wick, Maine, where he has continued his specialty in probate law and tax law, handling estates and tax questions related thereto in Maine, New York and Connec- ticut. He is a member of the Hancock County Bar Association, the Maine Bar Association, the New York County Law- yers Association, the Westchester County Bar Association and the Phi Delta Phi Association of New York. Attorneys are sometimes called upon to rebut the presumption that gifts made within three years of death are presumed to have been made in contemplation of death and thus subject to the Federal estate tax. If applicable to the facts in your estate the following may be of some help in resisting the claim that gifts made within three years of death are subject to the Federal estate tax. Old age in itself does not show that the -see p. 29 MAINE BAR ASSOCIATION CORRECTIONAL REFORM COMMITTEE RECEIVES ABA BASICS GRANT John B. Wlodkowski, chairman of MBA's Correctional Reform Committee, has informed the Bulletin that the com- mittee has received an ABA BASICS Planning Grant in the amount of $4,000. The Grant is for drafting and imple- mentation of proposed legislation as recommended by the Governor's Task Force on Corrections and for a Pretrial Diversion program. BASICS stands for Bar Association Support to Improve Correctional Ser- vices and was created by the ABA Com- mission on Correctional Facilities to ad- minister a grant of nearly one million dollars from the Edna McConnell Clark Foundation. BASICS will award funds to state and local Bar Associations for de- velopment and implementation of cor- rectional reform projects. A Reprint of: A Merchants Guide To The Maine Consumer Credit Code By Daniel E. Boxer, Esq. Gerald M. Amero, Esq. The authors caution any lawyer using this Guide that the Guide was intended to present a highly capsulized summary of the 60 page Code. Section references have been provided so that actual Code sections can be reviewed. Although the Guide omits specific reference to lenders, much of- the summary, especially with respect to regulation and prohibition of practices, applies to lenders. This Guide was prepared to generally familiarize retail merchants with the areas in which the new Maine Consumer Credit Code, Title 9-A of the Maine Re- vised Statutes, (the Code) may affect them. The Code is a new and complex law with many highly technical pro- - seep. 24 Standing To Sue: The Litigant's Key To The Courthouse Door by David A. Nichols Your client consults you about potential litigation. You are satisfied there is a gen- uine controversy of which the court may take cognizance. Almost instinctively, whether for plaintiff or defendant, you think of the statute of limitations and its potential impact on your case. Do you, just as routinely, consider the threshold question of the plaintiff's standing to sue? Standing is one of the most enigmatic areas of our law. Too often it is entirely overlooked by the litigator. Rule 8(c), M.R.C.P., requires a party to plead a de- fense of the statute of limitations. In con- trast, lack of standing to sue is often in- voked by the appellate court to dispose of cases in which the parties themselves have not raised the issue. Twice this year the Law Court has remanded matters because of lack of standing to sue when that defense had neither been pleaded nor apparently con- - see p. 33 The Bulletin Salutes WASHINGTON COUNTY MARK YOUR CALENDAR NOW 1975 Summer Meeting June 19, 20 & 21 Samoset Treadway Resort Rockport, Maine

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