Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an institution (for example, a bank, title company, or insurance provider) refuses to produce estate documents—such as an original will, trust agreement, or asset records—Maine law provides several paths for a personal representative or interested party to compel production.
1. Informal Written Demand
Begin with a clear, dated written request. Address the demand to the institution’s records custodian. Specify the documents you seek and reference your authority (for example, your appointment as personal representative under 18-B M.R.S. § 201). Keep proof of service.
2. Probate Court Citation to Show Cause
If the informal demand fails, file a Petition for Citation under 18-B M.R.S. § 405 (cite). The court will issue a citation commanding the institution to appear and explain why it withheld documents. If the institution fails to comply, the court may impose sanctions up to contempt.
3. Subpoena for Production of Evidence
Under M.R. Prob. Ct. R. 80, the probate court can issue subpoenas duces tecum. Serve the subpoena on the institution, compelling it to bring specified documents to court or a hearing.
4. Motion for Contempt
If the institution ignores a court citation or subpoena, file a motion for contempt under 18-B M.R.S. § 350 (cite). The court may impose fines or other penalties to enforce compliance.
5. Injunctive Relief
In urgent cases—such as risk of asset dissipation—request an interlocutory injunction under 18-B M.R.S. § 2200 (cite). A temporary order can freeze assets or require production pending a full hearing.
6. Regulatory and Statutory Demands
Financial institutions in Maine must comply with regulations from the Maine Bureau of Consumer Credit Protection or the Department of Professional and Financial Regulation. Consider filing a complaint or requesting assistance if state law or regulatory rules require retention and production of the records you need.
Helpful Hints
- Track all communications. Maintain copies of letters, emails, and certified mail receipts.
- Identify documents precisely. Include dates, account numbers, or file references.
- Act promptly. Statutes of limitation may bar challenges to wills or trusts after a certain period.
- Consult a probate attorney. Early guidance can streamline court petitions and avoid procedural missteps.
- Consider mediation. A neutral mediator may resolve disputes without full court intervention.
- Prepare alternative evidence. Bank statements or collateral records can support your petition if original documents remain missing.