Maine Last Will and Testament

Moreover, in addition to testamentary trusts (i.e., trusts created through a last will and testament) that provide a benefit for people, Maine law specifically allows for the creation of a trust for the care of animals alive during the settlor’s lifetime (“pet trust”); such a trust must terminate when there is no living animal covered by it. A Maine will gives you the option of caring for your animals after your death in this manner.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person. Once the will is proven valid in probate court, the executor can then pay off any debts and taxes owed by the estate and then distribute the testator’s property according to the will. Maine does have a simplified probate procedure for those with small estates, defined as follows:

The value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent.

Otherwise, the will must be admitted to probate in the county where the decedent last lived, and then either formal or informal probate proceedings can commence.

Intestacy: Dying without a will

When someone dies without a will, she is said to be “intestate,” and the laws of intestacy kick in. In Maine, if a decedent is survived by only a spouse, the spouse inherits everything; alternately, if the decedent is survived by children but no spouse, the children inherit everything. If the decedent is survived by a spouse and descendants, the spouse takes $50,000 of the intestate property plus half of the balance and the descendants inherit the rest. The same applies if a decedent is survived by a spouse and parents (but no children) with the parents inheriting the remainder of the estate.

If there are no surviving spouse, children, or parents, the entire estate is inherited by siblings, and then so forth down the line depending on the degree of relation to the decedent.

Accordingly, you can see the importance of making a Maine will if you would like to have control over the distribution of your assets and to avoid the application of intestacy laws.

Exceptions to ability to distribute property

Only property titled solely in your name at your death may be distributed according to a Maine will; jointly held property with the right of survivorship, then, may not. Also in Maine, a surviving spouse may choose to take an elective share, or portion, of the estate even if he or she was not included in the will.

Form a last will in Maine

The basic requirements for a Maine will include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by some other person in the testator’s presence by the testator’s direction.
• Witnesses: The will must be signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will or the testator’s acknowledgment of the signature or of the will itself.Writing: A Maine will must be in writing to be valid.
• Beneficiaries: A Maine last will and testament may provide for distribution of property to any beneficiary.