QUESTION

Is there a way to find out if a deceased person has a will in Waldoboro ME

Asked on Mar 28th, 2017 on Wills and Probate - Maine
More details to this question:
husband admits there is a will but does not want to read it. Brother would like to know
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1 ANSWER

Maryellen Sullivan
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.      
Answered on Mar 28th, 2017 at 11:15 AM

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