Detailed Answer
Under Maine law, interested persons may seek removal of a personal representative who mismanages estate assets. Title 18-B, §3-1001 of the Maine Probate Code authorizes the court to remove a fiduciary for cause. Grounds include misappropriation, failure to account, self-dealing, or neglect of duties. Interested persons include heirs, beneficiaries, and creditors.
Step 1: Establish Grounds
Identify specific misconduct. Common examples include failure to distribute assets, unauthorized transactions, or missing estate funds. Gather documentation: account statements, communications, and records of transactions.
Step 2: Draft and File the Petition
Prepare a Petition to Remove Personal Representative. Include the decedent’s name, probate case number (if available), petitioner’s relationship, detailed allegations, and requested relief. File the petition with the Maine Probate Court in the county where the decedent resided. See Maine Probate Rule 2 for filing requirements.
Step 3: Serve Notice
Serve the petition and a notice of hearing on the personal representative and all interested persons at least 14 days before the hearing, per Maine Probate Rule 13.
Step 4: Attend the Hearing
The court will schedule a hearing. Present evidence and witnesses to support removal. The personal representative may present a defense.
Step 5: Court Decision and Appointment of Successor
If the court finds cause under 18-B, §3-1001, it may remove the personal representative. The court may also impose a surcharge under 18-B, §3-1002 and appoint a successor personal representative under 18-B, §3-1003.
Statutes referenced:
18-B §3-1001 (Removal of fiduciary)
18-B §3-1002 (Surcharge and accounting)
18-B §3-1003 (Vacancy and successor)
Helpful Hints
- Document every transaction and communication.
- Review the Maine Probate Rules for procedural deadlines.
- Consider consulting an attorney for complex estates.
- Keep copies of all filings and proof of service.
- Prepare witnesses to testify to mismanagement.
Disclaimer: This article provides general information under Maine law and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.