Filing a Notice to Creditors in Maine: Process, Checklist, and Where to Find Statutes
Detailed Answer — How filing a Notice to Creditors works in Maine Disclaimer: I am not a lawyer. This is educational information, not legal advice. If you have a specific estate or creditor question, contact a licensed Maine attorney or the probate court. In Maine, a Notice to Creditors is the formal process by which […]
Read article →Becoming an Estate Personal Representative in Maine When the Named Executor Refuses
What to do if the person named to administer an estate declines to serve under Maine law Short answer: If the person named in the will declines or refuses to act, the probate court will accept a written renunciation and then appoint a successor personal representative. You can seek appointment by filing a petition with […]
Read article →Maine — Will Medicaid File a Claim on My Mother’s Home or Force Me to Sign Her Deed?
Detailed Answer Short answer: Under federal law, states (including Maine) may seek recovery of Medicaid benefits paid for certain long‑term care services from the estate of a deceased Medicaid recipient. That can result in a claim against a home after the recipient dies, but Medicaid cannot legally force you to sign over a deed while […]
Read article →Maine: Why an Inherited House May Be Non‑Probate and Whether You Can Make Mortgage Payments to Prevent Foreclosure
How an Inherited House May Be Non‑Probate and Whether You Can Pay the Mortgage Yourself (Maine) Short answer: A house is not a probate asset when it passes automatically to someone other than the decedent’s probate estate (for example, by joint tenancy, a beneficiary designation, or a trust). If the house is non‑probate and you […]
Read article →Maine: Challenging a Sibling’s Use of a Deceased Parent’s Bank Account Before an Administrator Is Appointed
Can I stop a sibling from using our deceased parent’s bank account for mortgage payments before an administrator is appointed? Short answer: Maybe. Your options depend on who legally owned the account (sole owner, joint owner, or payable-on-death), whether your sibling has legal authority, and whether the court has opened an estate. If the account […]
Read article →Maine — Forcing Return of Sentimental Items from a Sibling During Probate
Detailed Answer Short answer: Possibly — but how you proceed depends on whether the items are part of the probate estate, whether a will or other writing assigned them, whether the personal representative has control of estate property, and whether the sibling lawfully took them. In Maine, the probate court and civil courts can order […]
Read article →Serving as Administrator of an Intestate Parent’s Estate in Maine: How to Apply
Detailed Answer Overview. When a person dies without a will (intestate) in Maine, a probate court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute what remains to heirs under Maine law. The Register of Probate for the county where the decedent lived handles appointments and estate administration. This […]
Read article →Maine: Enforcing or Disputing an Oral Agreement to Divide Wrongful Death Proceeds
Detailed Answer Short answer: You can try to enforce an oral agreement about dividing wrongful death proceeds, but doing so is often more complicated than enforcing a written settlement. In Maine, the route you take depends on who made the agreement (the estate’s personal representative vs. the beneficiaries), whether a wrongful death claim already settled, […]
Read article →Maine: Do I Have to Post a Bond to Serve as Personal Representative When There’s No Will?
Detailed Answer Short answer: Under Maine law, the probate court can require a bond from a personal representative (the person who administers an estate when there is no will). The court may also allow interested persons to waive the bond in many cases, but the court has the final say and may still require a […]
Read article →Selling an Estate House Facing Foreclosure When a Co‑Administrator Refuses to Sign — Maine
How to sell estate real estate facing foreclosure when a co‑administrator refuses to sign — Maine FAQ Short answer: If a house in an estate is facing foreclosure and one co‑administrator refuses to sign sale paperwork, you will usually need to ask the Maine Probate Court to authorize the sale (or to resolve the co‑administrator […]
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