Legal Last Will and Testament for Married Person with Minor Children from Prior Marriage - Maine 2025

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In Maine, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you dont, then your spouse inherits all of your intestate property.
If enough assets are categorized as nonprobate assets, that will ensure that the value of the probate estate remains below $51,100, making probate unnecessary. Some methods to help achieve this include jointly titling assets, fully funding a revocable trust, and naming pay-on-death beneficiaries for bank accounts.
Types of assets exempt from probate include: Jointly owned property with rights of survivorship (for example, vehicles or real estate) Assets with designated beneficiaries (e.g., life insurance, retirement accounts, or annuities). Assets held in a trust.
First, the person creating the will, known as the testator, must be at least 18 years old, or legally married, or a member of the armed forces. The testator must also be of sound mind, understanding the implications of the document they are creating.
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.
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No, in Maine, you do not need to notarize your will to make it legal. However, Maine allows you to make your will self-proving and youll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

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