Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? — Maine (ME)
Detailed answer: How wrongful death proceeds are treated under Maine law Short answer: No — in Maine wrongful death proceeds do not automatically pass under the decedent's Last Will and Testament. Maine law treats a statutory wrongful death claim differently from a survival (pre‑death) claim. Which claim produces the recovery determines whether the recovery is […]
Read article →What options do heirs have when an estate administrator becomes unresponsive or refuses to distribute assets? (ME)
Detailed Answer — What heirs can do when a Maine estate administrator is unresponsive or refuses to distribute assets When someone is appointed as the personal representative (administrator or executor) of an estate in Maine, that person has legal duties to gather assets, pay valid debts and taxes, account to beneficiaries, and distribute remaining assets […]
Read article →How do I apply to be appointed as the personal representative of a deceased relative’s estate in Maine (ME)?
Detailed Answer: How to be appointed as a personal representative in Maine This answer explains, in straightforward steps, how to apply to be appointed as the personal representative (sometimes called executor or administrator) of a deceased relative’s estate under Maine law. This is educational information only and not legal advice. What the personal representative does […]
Read article →How can heirs petition the court to reopen a closed estate to claim unclaimed assets in Maine?
Detailed Answer If a probate estate has closed but you later discover assets that were never claimed or distributed, you can ask the Maine Probate Court to reopen the estate. Under Maine Revised Statutes, Title 18-C, Section 3-507, the court has authority to allow a late claim if the delay was not the claimant’s fault […]
Read article →What is the process for inventorying and distributing estate assets among multiple heirs under Maine law?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Maine attorney to discuss your specific situation. Detailed Answer Under Maine law, personal representatives must follow a structured process to inventory estate assets and distribute them among multiple heirs. This process ensures debts and taxes are settled and […]
Read article →How do heirs locate and claim unclaimed property of a deceased relative in ME?
Detailed Answer When a person dies, certain assets—like bank accounts, uncashed checks, insurance proceeds or safe deposit box contents—may go unclaimed. Under Maine law, holders of these assets must report and transfer them to the State Treasurer’s Office if they remain inactive for a specified dormancy period. Heirs can search for and reclaim these assets […]
Read article →What Factors Influence the Probate Timeline in Maine?
Detailed Answer Probate in Maine follows a structured court process under Title 18-A of the Maine Revised Statutes. The time it takes to complete probate varies based on several key factors. 1. Estate Complexity and Size Large or complex estates with multiple asset types—real estate, business interests or out-of-state property—require appraisals and additional filings. Valuation […]
Read article →What Are the Risks of Probating My Father's Estate Without Legal Representation in Maine?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Probating your father’s estate means filing his will (if one exists) with the Probate Division of the Maine District Court. Maine law (Title 18-B of the Maine Revised Statutes) sets strict requirements for probate. Handling this process without a […]
Read article →If real property in Maine passes automatically at death, why do I have to probate the will?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Maine attorney for guidance tailored to your situation. Detailed Answer In Maine, certain assets pass outside the probate process by operation of law. For example, property held as joint tenants with right of survivorship or tenancy by entirety1, […]
Read article →What steps are involved in notifying creditors and handling claims after a death in ME?
Detailed Answer: Notifying Creditors & Handling Claims in Maine Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding estate administration in Maine. Step 1: Appointment of a Personal Representative After a person’s death, the probate court appoints a personal representative (PR) to manage the […]
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