Stephanie N. Strouse has been named to the New England Rising Stars® list as one of the top up-and-coming attorneys in Maine for 2011. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. Stephanie focuses her practice in the areas of estate planning, probate, estate and trust administration, fiduciary taxation, guardianships and conservatorships, charitable and non-profit organizations. Super Lawyers®, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

Drummond & Drummond, LLP is pleased to announce that Andrew P. Pierce has joined the firm as an associate in the firm's litigation department. He will focus his practice on personal injury, employment and business litigation. Prior to joining our firm, Andy practiced law at a firm in Duluth, Minnesota, where he concentrated his practice in plaintiff civil litigation and criminal defense. Andy is a 2006 cum laude graduate from the University of Minnesota Law School, and a 2001 graduate of Carleton College in Northfield, Minnesota. Andy is admitted to practice in Maine, Minnesota and Wisconsin.

Drummond & Drummond, LLP is pleased to announce that Nicholas R. Loukes has joined the firm as an associate in the firm's corporate & commercial department. He will focus his practice on commercial lending, corporate, and real estate law. Prior to joining our firm, Nick practiced law in Bangor, where he focused in multiple areas including corporate, real estate, and landlord tenant law. Nick is a 2009 cum laude graduate from the University of Maine School of Law, and a 2004 cum laude graduate of Colby College. He is a native of Maine, having grown up in the Bangor area.

Drummond & Drummond, LLP is pleased to announce that Lauren A. Thomas has joined the firm as an associate member of the firm's litigation department. She will focus her practice in the areas of collection, foreclosure, real estate, eviction and bankruptcy. Prior to joining our firm, Lauren practiced law in Beverly, Massachusetts and Portland, where her practice focused in foreclosure and collections. Lauren is a 2007 graduate of the University of Maine School of Law, and a cum laude graduate of Boston University. She is a native of Maine, having grown up in the Portland area. She is admitted to practice law in both in Maine and Massachusetts.

Drummond & Drummond, LLP is pleased to announce that Christopher L. Brooks has joined the firm as an associate in the firm's litigation department. He will focus his practice in the areas of personal injury litigation, aviation litigation, products liability litigation, contracts, foreclosure, commercial litigation, and appellate practice. Prior to joining our firm, Chris Christopher acted as legal counsel for various New England based social entrepreneurship ventures and small businesses; served as a contract attorney for one of the world's leading full-service loan sale advisors for commercial, consumer and specialty finance debt; and served as a lecturer on legal and business fundamentals in connection with a Massachusetts non-profit organization. Chris is a 2008 graduate of Suffolk University Law School, a 2003 graduate of Plymouth State University, and a 1999 graduate of Gould Academy. He is a native of Maine, having grown up in Bethel. He is admitted to practice law in both Maine and Massachusetts.

Attorney Julia Pitney recently graduated from the Institute of Civic Leadership's Young Emerging Leaders program. http://www.pressherald.com/life/audience/idly-by_2011-01-30.html As part of the program, Julia was selected to serve on the board of a local non-profit organization. Julia will be serving on the Casco Bay YMCA's Advisory Board.

Attorney Nate Huckel-Bauer recently spoke with the hosts of Maine's Mind Your Own Business radio show about legal issues small businesses may face in the coming year. The show is available on the web at: http://www.mindyourownbusinessradio.com/MYOB1111.mp3 and a written summary of the discussion is available as a PDF. Contact Nate by phone or email if you have questions about the issues covered in the show.

Julia Pitney has been selected to participate in the Institute for Civic Leadership's "Young Emerging Leaders" program. The pilot program is an interactive and innovative leadership training program that ultimately matches participants with a Maine nonprofit board upon which to serve.

Effective July 1, 2010, Maine has adopted the Uniform Power of Attorney Act. This new law applies to power of attorneys created before, on or after July 1, 2010, but powers of attorney prior to July 1, 2010 remain effective. In response to the new law, we have substantially expanded our Durable General Power of Attorney form to include the new statutory language.

Highlights of New Act:

• A power of attorney is durable unless it expressly provides that it is terminated by the incapacity of the principal.

• A photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

• If a principal designates 2 or more persons to act as coagents, each coagent may exercise its authority independently, unless it expressly provides otherwise.

• An agent's authority terminates when an action is filed for the termination or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney provides otherwise (a similar provision applies to registered domestic partners that have filed a notice consenting to the termination of a registered domestic partner or a notice of intent to terminate).

• To protect against the financial abuse of the principal by the agent, a principal's spouse, parent, descendant, presumptive heir or beneficiary, among others, can petition the Probate Court to review the agent's conduct and grant appropriate relief.

• Third parties that refuse to accept an acknowledged power of attorney are subject to a court order mandating acceptance of the power of attorney and liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.

• The new law does not apply to a power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.

If you would like to have us prepare updated Durable General Power of Attorney documents for you, or otherwise review and/or update your other estate planning documents, please contact Attorney Jennifer I. Richard or Attorney Stephanie N. Strouse

On June 11, 2010 two teams of D&D attorneys and staff members participated in a community service project by painting the interior of the Kennedy Park Study Center. The firm project was part of a joint effort with the Portland Red Claws, Keeley Construction Company and Quirk Chevrolet, which resulted in the creation of a new study space for the approximately 350 children who reside in the Kennedy Park Portland Housing Authority complex.

Attorney Paul Peck of Drummond & Drummond has been elected to the Maine Real Estate & Development Association's board of directors for 2010-2011. The Maine Real Estate & Development Association (MEREDA) is an organization whose mission is to promote an environment for responsible development and ownership of real estate throughout the State. (MEREDA) is a non-profit entity whose members - commercial real estate owners, developers, and related service providers - banded together in 1985 to found the first statewide association established specifically to present the views of participants in the state's commercial real estate industry to lawmakers in Augusta.

Longtime American Lung Association volunteer Arthur A. Cerullo will serve on the American Lung Association's national board of directors and will help lead the American Lung Association’s work to save lives by improving lung health and preventing lung disease.

Mr. Cerullo will work closely with the American Lung Association's president and CEO to further the mission of the organization by providing governance and oversight of the more than 100-year-old charity. As a well-respected lawyer, Cerullo brings a wealth of professional experience and personal passion to the Lung Association that will directly benefit those we serve, said Charles D. Connor, American Lung Association president and CEO.

Mr. Cerullo has been a volunteer with the American Lung Association in Maine for more than 20 years, and served as its president from 2001-03. He was involved in the tobacco settlement, helped launch Maine's Asthma Walks, and has campaigned for indoor air quality. An avid cyclist, Mr. Cerullo has participated in the American Lung Association in Maine's Trek Across Maine for the last 21 years, an event that raises over $1 million annually for the association. In addition, Mr. Cerullo has volunteered for the National American Lung Association since 2004, and served as its Speaker of the National Assembly from 2009-2010.

As a result of a law passed by Congress in 2006, most small, tax-exempt organizations (those with $25,000 or less in gross receipts) are now required to annually file a Form 990-N e-Postcard. The e-Postcard is due every year by the 15th day of the fifth month after the close of the tax-exempt organization's tax year. The first e-Postcards were due on May 15, 2008. The IRS will not assess a penalty if a tax-exempt organization files late or fails to file; however, after three consecutive years of non-filing, a tax-exempt organization will lose its tax-exempt status. Thus, a tax-exempt organization that was required to file a Form 990-N on May 15, 2008 (for tax year 2007), that did not file in 2008, 2009 or by May 17, 2010, it lost its tax-exempt status on May 17, 2010.

Fortunately, IRS Commissioner Doug Shulman has stated that the IRS will do what it can to help smaller organizations that have just learned of the filing deadline to help them avoid losing their tax-exempt status. The entire statement.

If your organization has failed to file, it should now file, even though the filing deadline has passed. Instructions on how to file. If your not sure if your organization filed, you can do a search. For additional information about the e-Postcard filing requirements. If your tax-exempt organization needs assistance with its e-Postcard filing or in requesting reinstatement for its lost tax-exempt status for failure to file its e-Postcard, feel free to contact Attorney Stephanie N. Strouse.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding tax-related penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any tax-related matter(s) addressed herein.

Attorneys Alexandra E. Caulfield and Andrew W. Sparks will be teaching an advanced level seminar entitled "Advanced Title Insurance Issues" on February 3, 2010 in Portland. The program, sponsored by the National Business Institute, is designed for professionals who are frequently faced with complex title insurance issues. In addition to providing participants with up-to-date information on the latest court interpretations of title insurance policies, the seminar will educate participants on how to handle special real estate issues when dealing with fiduciaries, examine real-life title insurance issues involved in foreclosure rescue transactions and sales, analyze potential claims when transactions involve certificates of incumbency and authority, and explore the appropriate use of commercial endorsements. Contact Alix or Andy directly for additional information concerning the seminar and their presentations

As you may know, Congress took no action before the end of 2009 to prevent the repeal of the federal estate tax. As a result, there is no federal estate tax for individuals dying in 2010. Under current law, the federal estate tax is to be reinstated as of January 1, 2011 with a $1 million federal exemption amount and a maximum tax rate of 55%. It is possible that Congress will take some action in 2010 to reinstate the federal estate tax, and to attempt to make it retroactive to January 1, 2010. However, there is much uncertainty about, if and when this will happen, and whether retroactive application is constitutional.

Summary of current 2010 Estate/Gift Tax Laws:

• There is no federal estate tax for individuals who die in 2010.

• New "carry-over basis" rules apply for individuals dying in 2010, which means that the basis of inherited property remains the same as it was for the deceased owner, instead of "stepping-up" to date of death values. The 2010 carry-over basis rules do allow the Personal Representative to allocate up to $1.3 million of "increased basis" to any assets inherited from the deceased owner, and an additional $3 million of "increased basis" to assets inherited by the deceased owner's surviving spouse as "qualified spousal property".

• There is no federal generation-skipping transfer tax for generation-skipping transfers taking place in 2010.

• The federal gift tax remains in place with a $1 million exemption for lifetime gifts, with a maximum tax rate of 35%. The federal annual gift tax exclusion (the amount you can gift per individual per calendar year without it being considered a taxable gift) remains $13,000 for 2010.

• The Maine estate tax remains in place with a $1 million exemption amount and a maximum tax rate of 16%.

If you have questions regarding how the repeal of the federal estate tax for 2010 impacts your estate planning documents, please contact Attorney Jennifer I. Richard or Attorney Stephanie N. Strouse.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding tax-related penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another party any tax-related matter(s) addressed herein.

The firm's participation in this year's United Way annual campaign kicked off with a meeting for all staff and lawyers on November 12th. Erin Lee, Campaign Associate for the United Way, brought two guest speakers: Jay Madden, Loan Executive from Anthem Blue Cross and Blue Shield, and Suzanne McCormick, President of Peoples' Regional Opportunity Program (PROP). Suzanne's fourteen reasons for supporting United Way were vivid - fourteen photographs of needy children - from PROP, a recipient agency of United Way funding.

The firm is an annual supporter of the United Way and the United Way Foundation, supporting one of its partners, Jennifer Richard, a Foundation Board Member.

United Way is so important to our community!

Our firm was well represented at the dinner meeting on November 12, 2009 to honor this year's recipients of the Harrison L. Richardson Award - - Honorable Robert W. Clifford and Peter J. DeTroy, Esq. Attorney DeTroy was recognized for his achievements as a trial lawyer and mediator and for promoting the concept of civility among lawyers. Justice Clifford was honored for his many dedicated years of service as a member of Maine's judiciary and his commitment to the principle of access to justice for all Maine citizens.

In attendance were the following attorneys from the firm: Horace W. Horton, Andrew W. Sparks, Philip P. Mancini.

The Pine Tree Council, Boy Scouts of America, presented Kevin Hancock, President of Hancock Lumber Company, with its 32nd Annual Distinguished Citizen Award on November 12th. Kevin is the President of one of the best known family owned businesses in the State which characterizes itself as "A Sixth generation timberland steward."

Partner Horace W. Horton, Eagle Scout and Executive Vice President of the Pine Tree Board of Directors, participated in the planning and fund raising for this important community event.

We congratulate Kevin Hancock, the Hancock Lumber family and the Pine Tree Council!

Drummond & Drummond, LLP is pleased to announce that Julia G. Pitney has joined the firm as an associate member of the firm's litigation team. Prior to joining the firm, Julia practiced in Lewiston, Maine where her practice focused on personal injury litigation, criminal defense and domestic relations. Julia's practice at the firm will focus on civil litigation, personal injury litigation, foreclosure, and employment law. Julia is a 2000 graduate of Connecticut College and a 2006 graduate of the University of Maine School of Law. She and her family reside in Brunswick, Maine.

Drummond & Drummond, LLP is please to announce that Arthur Cerullo was recently elected to serve as the American Lung Association's Nationwide Assembly Speaker. During the one-year term as Assembly Speaker Arthur will work closely with the ALA's President and CEO to further the mission of the organization by providing governance and oversight of the more than 100-year-old charity. Arthur has been a volunteer with the American Lung Association in Maine for over 20 years. He served as the Maine Association's president from 2001-03. He was involved in the tobacco settlement, helped launch Maine's Asthma Walks, and has campaigned for indoor air quality. An avid cyclist, Arthur has participated in the American Lung Association in Maine's "Trek Across Maine" for the last 21 years, an event that raises over $1 million annually for the association.

While serving in this volunteer leadership role Arthur will continue his legal practice in the areas of commercial loan transactions, bankruptcy, wills, trusts & estates, and domestic relations.

Drummond & Drummond associate Nate Huckel-Bauer has joined the Board of Propel, the young-members' group of the Portland Regional Chamber of Commerce. Propel is the sponsor of networking and educational events for Portland's young entrepreneurs, business-people and professionals. A list of upcoming Propel events can be found here. Nate is a member of the Propel sponsorship committee and is helping plan the 2010 entreverge awards.