Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a creditor submits a settlement demand against an estate in Maine, the executor (or personal representative) must gather specific documentation to verify the claim and determine how to respond. Under Maine Probate Code §§3-803 and 3-805, you should assemble:
- Copy of the Creditor’s Demand: Retain the original notice or a certified copy of the written claim.
- Original Contract or Invoice: Provide the agreement, invoice, or service record that supports the debt.
- Estate Inventory: Include the filed inventory of assets and valuations under 18-C M.R.S. §3-201.
- Death Certificate: A certified copy to confirm filing deadlines under 18-C M.R.S. §3-801.
- Proof of Notice to Creditors: Documentation that you published or mailed required notices under 18-C M.R.S. §3-803.
- Correspondence Log: Record all communications with the creditor, noting dates and methods (mail, email, phone).
- Accounting Records: Copies of estate bank statements, receipts, disbursement journals, and ledgers.
- Probate Court Filings: Letters of appointment, petitions, orders, and any objections filed.
After gathering these records, review each to verify the claim’s validity, amount, and timeliness. If the claim is proper, you may negotiate a settlement or pay the creditor. If you believe the claim is invalid or overstated, you can deny it and file an objection under 18-C M.R.S. §3-806. Always maintain detailed records of your decisions and any court submissions.
Helpful Hints
- Act Promptly: Creditors generally have nine months from the decedent’s death to present claims (18-C M.R.S. §3-803).
- Use a Checklist: Track documents, deadlines, and status of each creditor claim.
- Secure Originals: Store original contracts and certificates in a locked, fire-safe location.
- Refer to Probate Rules: Review the Maine Probate Rules for form and filing requirements.
- Consider Professional Advice: In complex disputes or large estates, consult a qualified probate attorney.