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If there isnt a will, the probate court will appoint a personal representative, who has the legal authority to gather and value assets owned by the estate, pay bills and taxes owed by the estate, and finally, to distribute the assets to the heirs or beneficiaries.
If you pass away without a will, Maine law provides that your children would inherit your property and not your partner. This may or may not suit you. But, you have the power to change this if you have a Will. If you want to make sure a certain person gets a special item such as jewelry, make a Will!
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 testators acknowledgement of the signature or of the will itself. Writing: A Maine will must be in writing to be valid.
Other assets will not have to go through probate if they have a named beneficiary, such as life insurance policies and retirement accounts. Some assets have someone named as payable on death or transfer on death, such as bank accounts.
Creating a living trust in Maine is generally a six-step process: Decide on the kind of trust you want. Decide what will go in your trust. Pick a trustee. Create the trust document. Sign the trust in front of a notary public. Put your assets inside the trust.
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If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
Steps to Create a Will in Maine Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage childrens property. Make your will. Sign your will in front of witnesses. Store your will safely.
In addition, Maine allows a will to be made without witnesses if it is written by hand by the testator and signed at the end. 18-A M.R.S.A. 2-503. This is called a holographic will.
Trusts allow for the management and distribution of your assets during life and after death, while a will allows you to appoint guardians, name an executor and specify any final wishes you may have.
Your surviving spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance.

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