Maine Revocation of Will
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FAQ
Legally, only a person or entity with ?standing? can contest a will. Standing is when the party involved in the will contest will be personally affected by the case's outcome. Most often, this means an heir or beneficiary already named in the decedent's last will or any preceding will.
To decide whether probate is necessary for a particular estate, the individual's assets must be identified and valued. If the probate estate has a total value (value of probate assets minus any liens and encumbrances) of $40,000 or less and does not include any real property, then probate is not necessary.
Much of the time, probate will be necessary for estates in Maine. The court is required to ensure the assets of the estate are handled as directed by the will or by state law. Some assets may be exempt from probate with automatic transfer to the heirs.
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 decedent's lifetime.
A Maine revocation power of attorney should be issued when someone wishes to cancel a previous appointment of principal power, whether it be a durable power of attorney, health care power of attorney, or limited power of attorney. It is necessary to have it notarized and inform the agent it has been revoked.
The Will must be written in your own handwriting and signed by you. No witnesses are needed. IMPORTANT NOTE: If you are being pressured by someone to get a will or to change your will it is important that you talk to an attorney for help.
Joint Tenancy: Co-owners holding title this way are called "joint tenants." The unique characteristic of joint tenancy is the right of survivorship. When an owner dies, their interest in the property is extinguished. The remaining owners continue in ownership of the property free of the interest of the deceased party.
Listed below are some of the non-probate assets available in Maine. Any property in a living trust. Life insurance policies. 401(k)s, IRAs, other retirement accounts. Securities in transfer-on-death accounts. Pay-on-death bank accounts. Joint tenancy real property.
