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Living trusts In Maine, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Your surviving spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance.
Maine probate is the formal, court-supervised process of carrying out ones last wishes by validating their last will testament (if any), resolving any outstanding debts or taxes, and distributing any remaining assets to rightful heirs.
No. Certain kinds of property can be passed without going through probate. Property owned with a Right of Survivorship automatically transfers to the joint owner at death and that person owns the property fully. Property can also pass through a Trust established during the decedents lifetime.
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.
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Descendants include children, grandchildren, and great-grandchildren. If you have no living parents or descendants, your spouse inherits all intestate property. If you die with parents and a spouse, your spouse will inherit the first $50,000 of the intestate property, then half the remaining balance.
If an heir has been omitted from the Affidavit of Heirship, their legal rights to inherit the decedents property are not affected. Instead, the forgotten heir can present evidence to establish their heirship and overrule the Affidavit of Heirship, either entirely or partially.
If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.
Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property. Thereafter, the heir or heirs may transfer or sell the property if they choose to do so. At that point, the deed most commonly used to transfer the property is a General Warranty Deed.
When do you use an affidavit of heirship? An affidavit of heirship can be used when someone dies without a will, and the estate consists mostly of real property titled in the deceaseds name. It is an affidavit used to identify the heirs to real property when the deceased died without a will (that is, intestate).

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