Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in Maine for guidance tailored to your situation.
Detailed Answer
Under Maine’s Wrongful Death Act (Title 18-C, Chapter 5), a personal representative files suit on behalf of the decedent’s estate. Once you obtain a judgment or settlement, you must follow the statutory distribution scheme set out in 18-C M.R.S. §2-803 (link).
Key steps to distribute proceeds:
- Appoint a Personal Representative. The probate court must appoint someone—often the executor or an interested heir—to oversee the estate and wrongful death proceeds.
- Secure Court Approval. Submit a proposed distribution plan to the court for approval. The court will review compliance with the statute.
- Apply the Statutory Priority. Maine law directs distribution in the following order:
- Spouse and children: Spouse receives one-half; children split one-half equally.
- Spouse only: Spouse receives all.
- Children only: Children share equally.
- No spouse or children: Parents share equally.
- No parents: Siblings share equally.
- No siblings: Next of kin share equally (per capita).
- Handle Unclaimed Shares. If no eligible heirs exist, funds pass to the State of Maine’s General Fund.
Always document each payment and obtain receipts or releases from beneficiaries. This protects the personal representative from future claims.
Helpful Hints
- Review Maine’s Wrongful Death Act at 18-C M.R.S. §2-801 et seq. (link).
- Keep a detailed beneficiary list with current addresses.
- Obtain waivers or releases from heirs after distribution.
- File a final accounting with the probate court to close the estate.
- Consult an attorney promptly if heirship is contested or unclear.