What steps are required to transfer an out-of-state property interest when all heirs agree under ME law?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation. When a Maine resident dies owning real estate located in another state, Maine courts generally lack direct authority to transfer that out-of-state property. If all heirs agree and formal ancillary […]
Read article →How can service of process be handled for minors or individuals under guardianship in ME?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Service of process gives a defendant formal notice of a lawsuit. Maine law sets special rules when the defendant is a minor (under age 18) or has a court-appointed guardian. Following these rules helps ensure your case can move […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Maine
Detailed Answer A court-ordered subpoena in Maine authorizes the probate court to compel third parties to produce estate records or testify at a deposition. Under the Maine Uniform Probate Code and the Maine Revised Statutes, an interested person or personal representative can obtain a subpoena by following these steps. 1. Initiate Your Request File a […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds? (ME)
Detailed Answer When an heir seeks to direct the distribution of proceeds from the sale of real estate in a Maine probate estate, certain written authorizations or consents often come into play. These ensure the probate court and the personal representative (the executor or administrator) can distribute funds without further delay or liability. Below is […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds After an Owner’s Death or Divorce? Detailed Answer When a mortgaged property sells at sheriff’s auction for more than the debt owed, the extra money—called “surplus funds”—goes to parties with legal interests in the property. Maine law governs how those funds distribute when […]
Read article →How to Distinguish a Deceased Person’s Estate Assets from Corporate Assets in Maine
How to Distinguish Assets Belonging to a Deceased Person’s Estate from Those Held by a Corporation in Maine Detailed Answer When someone dies, their personal assets become part of their estate and pass through probate under Maine law. By contrast, a corporation formed by a relative operates as a separate legal entity. Recognizing which assets […]
Read article →What options exist under Maine law for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What options exist under Maine law for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? Detailed Answer Under Maine's Uniform Probate Code (Title 18-B), a personal representative has several tools to convert personal property into cash. This conversion helps pay estate expenses and ensures fair shares for beneficiaries. Below […]
Read article →What rights does a life estate grant to a lifetime beneficiary and how is a remainder interest determined in Maine (ME)?
Detailed Answer What Is a Life Estate? A life estate gives a person (the life tenant) the right to use, occupy, and enjoy real property for the duration of his or her lifetime. Under Maine Revised Statutes Title 33, Chapter 15, §1501, a life estate is defined as an interest measured by the life of […]
Read article →Who Is Eligible to Receive Surplus Proceeds in Maine When Property Was Solely in the Deceased Spouse’s Name?
Who Is Eligible to Receive Surplus Proceeds in Maine When Property Was Solely in the Deceased Spouse’s Name? Detailed Answer When a mortgage or tax foreclosure sale generates surplus proceeds, Maine law directs any leftover funds to the property owner. If the property owner died owning the property in their name alone, those proceeds become […]
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