Probate in Maine | ME Legal Resources | FastCounsel

Maine — Can a Prenuptial Agreement Affect a Life Estate and My Inheritance (and What to Do If the Executor Refuses to Provide It)

Can a prenuptial agreement affect a life estate or my share of an estate in Maine, and what to do if the executor refuses to provide it? Short answer: Under Maine law, a valid prenuptial agreement can change the property and inheritance rights of the spouses and therefore can affect life estate arrangements and what […]

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Maine — How to Verify an Executor’s Calculation of Your Share from a Sibling’s House Sale

Confirming the Executor’s Calculation of Your Share from the Sale of a Sibling’s House (Maine) This FAQ-style guide explains, in plain language, how to check whether a personal representative (executor) correctly calculated and paid your inheritance share after a sibling’s home was sold under Maine probate rules. Detailed Answer 1. Identify whether you are entitled […]

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Selling a Deceased Parent’s Mortgaged Home During Probate in Maine

Can a Home Be Sold During Probate When a Mortgage Remains? (Maine) Short answer: Yes — but only if the estate’s personal representative (executor or administrator) has authority to sell and the sale satisfies the mortgage lender’s payoff. The probate process, lender requirements, and the estate’s finances determine how and when the sale can happen. […]

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Proving Vehicle Value in Maine Probate: How to Establish a Deceased Relative’s Car Worth

Detailed Answer When a person dies in Maine, the person appointed to handle the estate (the personal representative or administrator) must identify and value the decedent’s assets, including motor vehicles. Establishing the fair market value of a deceased person’s car, truck, motorcycle, or other vehicle matters for the probate inventory, distribution to beneficiaries, creditor claims, […]

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Maine — Selling a Deceased Parent’s House: Do You Need to Publish a Three‑Month Notice to Creditors?

Do you have to publish a three‑month notice to creditors before selling a deceased parent’s house in Maine? Short answer: Often you cannot use the small‑estate affidavit process to sell real estate. If the house must be sold through probate or administration, Maine law generally requires notice to creditors in an opened estate. Whether you […]

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Proving Vehicle Value in Maine Probate: How to Document and Appraise Motor Vehicles

Detailed Answer Quick overview. When you are administering a Maine estate, you must list and document every asset of the decedent, including motor vehicles. Proving the value of a vehicle for probate means preparing reliable, verifiable evidence of its fair market value at the date of death so the probate court and interested parties can […]

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Maine: How to Become a Limited Personal Representative Through the Small Estate Process (FAQ)

FAQ: How do I get appointed as a limited personal representative under Maine’s small estate process so I can run a notice to creditors and sell real property? Short answer: In Maine you must (1) confirm the decedent and the estate qualify for small-estate or simplified administration, (2) file the correct probate paperwork with the […]

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Maine: What Happens to an LLC Member’s Share if the Operating Agreement Is Silent on Death?

Short answer: If your LLC operating agreement is silent about what happens to a member's ownership when they die, Maine’s default rules and your estate/probate process generally control. The deceased member’s estate usually inherits the economic (financial) interest, but the right to participate in management or vote typically does not automatically pass to the heir […]

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Maine — How to Prove a Zero Balance and Formally Close Your Spouse’s Estate

Detailed Answer: How to prove a zero balance and close a spouse’s estate in Maine Short answer: To close a probate estate that has a zero balance you must (1) gather and organize the estate records; (2) satisfy or lawfully resolve creditor claims and tax obligations; (3) prepare a final accounting and any required affidavits […]

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Using a Small‑Estate Affidavit in Maine: Can You Avoid Formal Probate?

Can a small‑estate affidavit replace formal probate in Maine? Short answer: Possibly — Maine provides informal, simplified ways for heirs to collect certain small personal‑property assets without full administration, but whether you can use a small‑estate affidavit depends on the types and value of the assets, whether the estate includes real property, and how third […]

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