Detailed Answer
When a personal representative (also called an executor or administrator) sends you a payment from an estate but does not explain how they calculated your share, you have several practical and legal options under Maine law. Below is a step‑by‑step explanation of what to do, what an accounting normally shows, and how Maine’s probate system can help you obtain the details you need.
1. What the personal representative must generally do
Under Maine’s probate law (Title 18‑C), the personal representative has fiduciary duties: they must collect estate assets, pay valid debts and taxes, and distribute the remainder to heirs and beneficiaries. That process usually includes preparing an inventory and a written accounting showing what the estate received and paid out, and how each beneficiary’s share was calculated. For the official Maine probate code and related rules, see the Maine Probate Code (Title 18‑C): https://legislature.maine.gov/statutes/18-C/.
2. First practical steps to take now
- Ask for a written explanation immediately. Send a polite, dated request by email and certified mail asking for an accounting or a written statement showing how the payment was calculated and what deductions (debts, taxes, fees) were applied.
- Request supporting documents. Ask for the estate inventory, copies of paid bills, bank statements, and any documents showing the calculations.
- Keep records. Save the payment receipt, any correspondence, and notes of phone calls (date, time, who you spoke with, what was said).
3. What an accounting should include
An accounting typically shows:
- Assets the estate held at death and assets later collected (bank accounts, real estate, investments).
- Payments made from the estate (funeral expenses, creditor claims, taxes, administration expenses and attorney fees).
- Any values used to compute shares (e.g., net estate after debts and expenses).
- The legal basis for distributions (will terms or intestacy rules) and how those rules were applied to produce your share.
4. If the representative ignores your request
- Send a formal written demand for an accounting. Include a deadline (e.g., 14 days) and method of delivery.
- If that fails, you can ask the probate court to order an accounting. In Maine, beneficiaries and interested persons may petition the probate court for relief if the personal representative fails to perform duties. Contact the local probate court or review Title 18‑C for procedures: https://legislature.maine.gov/statutes/18-C/.
- The court can compel an accounting, review the account, order corrections, and award costs or attorney’s fees in some situations.
5. Possible legal remedies
- Motion to compel accounting or petition the probate court. The probate judge can order the personal representative to file a formal account and produce supporting documents.
- Objection to the final account. If you receive a formal account you disagree with, you can formally object in probate court and request a hearing.
- Removal for breach of fiduciary duty. If the personal representative mismanages funds or refuses to account, you may petition to remove them and seek surcharge (financial liability) for losses.
- Settlement or mediation. Courts often encourage settlement or mediation to resolve accounting disputes without prolonged litigation.
6. What it costs and how long it takes
Asking for an informal written explanation may cost nothing. Filing petitions in probate court can cost filing fees and, if you hire an attorney, legal fees. Timeframes vary: informal responses may arrive in days to weeks; court petitions can take months depending on complexity and court scheduling.
7. When to hire an attorney
Consider hiring an attorney if:
- The estate is large or complex (real estate, businesses, multiple accounts).
- You suspect miscalculation, misappropriation, or breach of fiduciary duty.
- The personal representative refuses to provide records or the accounting is incomplete or inaccurate.
An attorney can draft a precise demand, file the required petition in probate court, and represent you at hearings.
8. Evidence to gather before you petition the court
- Copy of the decedent’s will (if any) or notice of intestacy.
- All communications from the personal representative and any payment receipts.
- Records of your relationship to the decedent (e.g., beneficiary designation, family ties) to show you are an interested person.
- Any documents showing estate assets you believe were omitted.
9. How Maine’s probate system can help
The probate court in Maine supervises estate administration and resolves disputes among interested persons. If informal requests fail, the probate court is the proper forum to compel an accounting, adjudicate objections, and order remedies. For general probate court information for Maine, start here: https://www.courts.maine.gov/.
10. Practical language to use in a written request
Use concise, professional language. Example lines you can adapt:
- “Please provide, within 14 days, a written accounting showing how my distribution was calculated, including copies of the estate inventory, receipts for debts paid, fees charged, and any valuation documents used.”
- “If you do not provide the requested accounting within 14 days, I will request the probate court to compel an accounting and seek appropriate relief.”
Disclaimer: This article explains general principles of Maine estate administration and does not provide legal advice. It is not a substitute for consulting a licensed attorney about your specific situation.
Helpful Hints
- Always ask for a written accounting — verbal explanations are easy to misremember.
- Keep a paper trail: certified mail and email timestamps can be useful in court.
- Be specific in your request: ask for dates, documents, and calculations used to reach your payment amount.
- If you’re named in the will, the personal representative’s obligations are stronger — insist on full disclosure.
- Know your rights as an “interested person” under Maine’s probate rules; that status gives you standing to ask the court for relief.
- Try negotiation or mediation first — court actions add time and cost.
- If you suspect theft or fraud, consider both civil action in probate court and reporting potential criminal conduct to law enforcement.
For statutes and procedural rules, review Maine’s Probate Code (Title 18‑C): https://legislature.maine.gov/statutes/18-C/, and contact your local Maine probate court or a licensed Maine attorney for specific guidance.