Determine who gets what as dictated by the will, interpretations of ambiguous language, the anti-lapse statute, or other provisions of the probate code. Hire a probate lawyer first, and let them help with all of this work! Yes, you heard that right. Does that make any sense. The section on multiple party accounts describes what happens to multi party accounts when one of the account holders dies. What is an Application to Proceed Without Payment of Fees? Collecting the Assets, Inventory and Appraisal: The Personal Representative must locate and secure the decedent’s assets and create an inventory (or list describing the asset and its value) of all assets. You would think so. The state’s informal system allows for a will and appointment of a personal representative, usually within one to two weeks of application. When faced with the complexity and possible unwanted outcomes of the probate process, there is good news for you! Here is what the disinherited child’s attorney said in his letter: “Since the will does not contain any provision to the contrary, Jane Doe claims her share in the exempt property pursuant to 18-C M.R.S. That is an oversimplification, but you get the idea. You may also select the category above the form title to view all forms under that category. The duties of a Personal Representative are relatively standard although, as mentioned above, an estate can be administered in a supervised or unsupervised fashion. The question is, what happens to an account that was opened before the law changed? As an estate, probate, and business attorney in Portland, Maine, I am proud to work with individuals, families, and business owners here in Portland, and across the state. Now ask yourself, did you know there was such a thing in the Probate law called exempt property? Copies of the Petition and pleadings must be served on all other interested persons. Does that surprise you? Protecting assets while you are alive is not what probate is meant to do. So you can judge for yourself, I’m going to state here what the will said: “I now have in mind my daughter Jane Doe, but leave my estate as hereinafter follows.” And what follows is that he left Jane nothing. We sent the notice, as required by law, along with a copy of the will. The Maine Probate Code contains the default provisions. The new Maine Uniform Probate Code adopted in 2018 becomes effective September 1, 2019. No. And if you would like to hire a Maine probate lawyer, you can call this number 207-236-4888. The default rules can be changed by the person who made the will. You can make up your own rules. Formal closing of an estate requires a petition by the Personal Representative, the court’s approval of the final estate accounting, and a hearing. The lawyer is saying that the man who stated in the will he knew his daughter existed, and yet chose to leave her nothing, despite that, he still wanted her to get something. Are there multiple beneficiaries of the estate? You can obtain probate forms online here. Kennebec County, Maine Probate Fees Information: Maine Probate Fees URL. § 2-403” therefore, Jane Doe is entitled to money. Should his step-kid get the Rolex? Probate application fees. In some states the code actually has a fee schedule and states the exact fee. But before you choose to probate the will without a lawyer consider these questions: when you read the probate terms above, did you find them easy to understand? Select the form title to view details for each form. But it may not be the intention that the joint account holder “inherits” the account if you die. You can obtain probate forms online here. The court address is 26 Western Ave, PO Box 179, South Paris ME 04281. The application fee is £215 if the value of the estate is £5,000 or over. That is what we call a “disinherited heir”. File a federal estate tax return (for large estates or to establish cost basis, etc). So, if a joint account holder wishes to object, it will lead us to an expensive and time-consuming legal battle. To date, 18 states, now including Maine, have fully adopted the UPC, and all but a few states have adopted the UPC at least in part. They can “elect” to get a share of your estate instead of what you left them. through the Maine Probate EZ-File system. Of course, in many cases stepchildren are considered no different from blood relations by their stepfamily. Showing forms matching "Probate Affidavit" in Maine Legal Forms Library This page shows a list of forms contained in the forms database that match the terms Probate Affidavit for the State of Maine. In other words, you do not need a lawyer to probate a will. Is it not clear that this man by saying he knew he had a daughter named Jane, “but” that he left her nothing in the will? If no extenuating or contentious circumstances exist in an estate or among the relevant parties, administration of the estate occurs without direct court supervision. Select the form title to view details for each form. In other words, if you have become mentally disabled, you cannot make any instructions. After fifteen years of marriage, the surviving wife, or surviving husband is entitled to the full 50% of the augmented estate. Why is it important to know about the probate process? Probate is also a set of rules designed to govern the transfer of assets. Should You Hire a Lawyer to Probate the Will? If the estate is really small, and the only value in the estate is the exempt property, the property can be distributed, and the only requirement is to file a closing statement with the Probate Clerk. This Website Constitutes Advertising for the offering of Legal Services. The benefit of having the Probate Clerk file the notice to creditors is that it is likely to comply with the statute, and the fee is no more than you would otherwise pay. USLegal received the following as compared to 9 other form sites. Many people may not realize that a joint account holder could withdraw all of the money if the other joint account holder dies. Because some of these provisions required determining who contributed what to the account, and then what their intentions were with that joint account money at their death. Attention Human Resource Department. But not every Personal Representative gets advice. 4. Personal Representatives have many legal and fiduciary duties, regardless of their level of court supervision. For instance, in Maine a probate estate worth no more than $40,000 can be collected by affidavit. You can use the simplified small estate process (called the “summary administrative procedure”) in Maine if the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property… But with Article 6, those assets transfers have new rules governing them. Does it go back into the “pot” of your assets for someone else? Perhaps it is a second or third marriage, and there are children and stepchildren, perhaps the couple sat down and agreed to a certain division. The general steps are. What if you don’t have a will when you die? The length of the hearing will depend on the issues, controversies, and parties involved in the estate. Having no will, and no will substitute means you have an “intestate probate”. Filling out the correct Probate Petition, filing it, giving the necessary notice to all interested parties and proving jurisdiction over necessary parties to the Probate Court. The next inquiry is whether the decedent’s assets require probate at all. It is one of those default rules I was telling you about. The state and federal taxing authorities sometimes audit Personal Representatives personal income tax returns to determine if the expense item listed on the estate tax return for the fee of the Personal Representative actually shows up on the income tax return as income to the Personal Representative. Practitioners therefore often advise Personal Representatives to submit documents to a court and serve them upon all parties proactively. It’s too late! The principal activity of Maine probate courts is the execution of wills. STATE OF MAINE . There are many reasons why you would choose to use a lawyer to probate a will. Another name for Probate, is Estate Administration. Finally, a Personal Representative may have to file an estate tax return if required by law or needed for further tax planning. 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