Maine Probate Legal Questions

Contact a local probate lawyer.  You may want to file for a determination of heirship and let her try to prove that the Will is genuine and that the deeds say what she claims they say.  A Will has no legal effect until a court admits it to probate (proving that it is the Will of the person who died.)... Read More

For now, you can look at the deed records.  When someone (perhaps you) has been appointed executor of his Will or administrator of his estate, you can redirect his mail, ask the IRA to send you past tax returns and use these to gather information.  Your probate lawyer will also post a notice to creditors in a local newspaper and begin to receive claims.... Read More

Please talk to a probate attorney who practices in the county in which your husband died and the house is located.  With that person's help, apply to settle your husband's estate by filing a Small Estate Affidavit or an Application to Determine Heirship and Issue Letters of Independent Administration.  In Texas you have a lifetime right to live in the house whether it was separate or community property.  Be sure to give notice that you have not abandonned that right by spending time elsewhere.... Read More

Hi - There is a law in Maine that, after someone dies, the person having custody of their Will must give it to the named Personal Representative (executor) in the Will or to the probate court.  If you file a petition for probate in the probate court for the county where the deceased person lived, you could seek to have this Will probated and ask the court for an order to the husband to produce the Will.  This seems an awfully unfriendly thing to do to a widower though.   There are also reasons why the husband may not need to file the Will with the court: probate is only necessary to transfer assets that were in his wife's name only.  Property they owned jointly automatically goes to him.  Assets with named beneficiaries, whether they are retirement funds or pay-on-death designations, are paid directly to the beneficiary.  Her Will might not be necessary.  Also, if the total of her assets are less than $20,000, he can use a Small Estate Affidavit instead of having to file probate.   In general terms, Wills are private while you are alive and available only to the court or the person named as Personal Representative in the Will once you have died.  As part of the probate process, if probate is necessary and filed, Wills become public and are available online and at the courthouse for anyone to read.      ... Read More

   I'm sorry for your loss.   In Maine, a "holographic" Will is valid if it is both signed by the person who has passed away AND the important parts of the Will are in that person's handwriting.  In this case, it sounds like the language stating whom he wanted to receive his assets would need to be in his handwriting and possibly the language voiding his old Will.  ... Read More

Hi - A personal representative cannot be self-appointed, but it sounds like your brother was named in your dad's Will and then appointed by the probate court.  A personal representative is required to provide an inventory (a list of estate assets) within three months of appointment.  Since this hasn't happened, I would encourage you to request it in writing, sending letters to both Victoria Powers and your brother.  Personal representatives commonly fail to provide information and updates, which can lead to conflict or at least suspicion.  Usually a request is enough, but you also can petition the probate court to require an inventory, to supervise your brother's administration of the estate, or even to remove him if he is not fulfiling his duties.  Estates must be kept open at least nine months so the delay isn't unreasonable right now.    The above is not legal advice but rather general information.  Legal representation requires specific information and a written engagement agreement between a lawyer and client.     ... Read More

Dear Maine, You'll have to return the phone call of the judge to learn of his reasons for calling.  Really only he can answer your question and without more information, I can't even accurately speculate.  If there is an open Probate matter in which you are a party to, maybe something needed to be clarified, maybe you are being summoned to court....who knows.  Usually though, once becoming judges, lawyers do not actively practice law for conflict of interest reasons, etc....so it's most likely you were contacted regarding a probate matter IF contacted in this individual's professional capacity.....it also could have been a personal call.  Again, you'll have to simply return the call to get the right answer to this one....Your question makes you seem a bit nervous....relax a bit....it wasn't a criminal judge, so hopefully there's nothing criminally involved.  Return the call and put your mind at ease.  Hope this helps.  Best wishes to you.... Read More