Can I Use an Obituary as Proof of Death to Open an Estate in Maine?
Detailed Answer In Maine, you generally cannot rely solely on a newspaper obituary to open an estate. When you file a petition for administration in probate court, you must attach a certified copy of the decedent’s death certificate under Maine Revised Statutes Title 18-C (Probate Code). An obituary serves as secondary evidence and does not […]
Read article →How do I prepare an heirship affidavit in Maine?
Detailed Answer In Maine, the document commonly used to establish heirs and collect personal property of a deceased person without formal probate is called a Small Estate Affidavit. It functions similarly to an heirship affidavit in other states. Under Maine law, if the deceased’s personal property in the state does not exceed $40,000 in value […]
Read article →Can I open an estate and become the personal representative if I am the mother-in-law? – ME
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation. Detailed Answer In Maine, when someone dies owning property in their name alone, you must open an estate in probate court to transfer assets. The court appoints a personal representative to […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in Maine?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your situation. Detailed Answer Under Maine law, a surviving spouse who inherits under intestacy may choose to take a life estate in the decedent’s real property instead of accepting the outright intestate share. A life […]
Read article →How does an executor obtain an EIN for a Maine estate?
Detailed Answer Disclaimer: This article is for educational purposes and does not constitute legal advice. What Is an EIN and Why It Matters for an Estate in Maine An Employer Identification Number (EIN) is a unique nine-digit number assigned by the IRS. An estate uses its EIN to open bank accounts, file federal and state […]
Read article →What is the difference between common and solemn form probate in ME?
Understanding Maine’s Informal Versus Supervised Probate Administration Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Although some states historically distinguished between common and solemn form probate, Maine law uses a different two-track system: informal probate administration and […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in Maine?
Detailed Answer Under Maine’s Probate Code, a surviving spouse or family member may claim a year’s allowance for support. See 18-C §3-101. This allowance is paid from the decedent’s personal property before distribution to heirs. When you petition for a year’s allowance, you must file an inventory of the decedent’s assets with the probate court. […]
Read article →How to request and schedule a probate hearing when none is set in Maine
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney. When you file a probate petition in a Maine District Court, the clerk typically sets a hearing date. If you don’t see a hearing scheduled within a reasonable time, you can […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in Maine
Disclaimer: This article provides general information only and is not legal advice. Consult a qualified attorney for guidance. Detailed Answer In Maine probate proceedings, the clerk of the probate court issues orders that require notice to interested parties under Maine Revised Statutes, Title 18-C, section 6-102 and 6-118. Proper service ensures you can move your […]
Read article →How to determine which tasks are covered under an initial probate representation agreement in Maine?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. When you first hire an attorney to handle probate in Maine, you typically sign a written probate representation agreement (retainer agreement). This agreement should clearly describe which tasks the lawyer will perform under the initial fee arrangement. To determine […]
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