May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties? – ME
Detailed Answer Under Maine law, a court may remove an estate administrator (often called a personal representative) who fails to perform required duties. Title 18-A M.R.S. §3-707 empowers the probate court to remove, suspend, or surcharge any fiduciary for misconduct, neglect, or refusal to act. See 18-A M.R.S. §3-707. Below is an overview of the […]
Read article →How can I request an extension for filing a final accounting in probate in Maine?
Detailed Answer Under Maine law, a personal representative (formerly called an executor or administrator) must file a final accounting with the probate court within nine months after appointment, unless the court grants an extension. The key authority is Maine Revised Statutes, Title 18-C, §3-803, which requires the accounting and allows for additional time on petition. […]
Read article →Do I Need to Open an Estate in Maine to Pursue a Wrongful Death Claim After a Car Accident?
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Detailed Answer Under Maine’s Wrongful Death Act, only a decedent’s personal representative can file a wrongful death lawsuit. See 18-C M.R.S. §2-804. That requirement means you must open an estate in probate court and obtain court authorization to act on the […]
Read article →How do I apply for letters of administration in Maine and what forms are required?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal advice, consult a qualified attorney. Detailed Answer In Maine, letters of administration authorize a personal representative to manage and distribute the estate of a person who died without a valid will. Under 18-B M.R.S. § 2-501, if no will […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in Maine?
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 […]
Read article →How to Obtain and Review Medicaid Claim Documentation Against an Inherited Estate in Maine
Detailed Answer When a loved one receives Medicaid benefits before passing away, Maine law allows the Department of Health and Human Services (DHHS) to seek reimbursement from their estate. To protect your inheritance and ensure accuracy, you need to obtain and review all documentation related to that Medicaid claim. Below is a step-by-step guide under […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Maine (ME)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a business owner passes away, their corporate interests often become part of the probate estate. To protect your rights as a beneficiary or personal representative under Maine law, follow these steps to obtain and review the entity’s formation […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in Maine?
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: […]
Read article →How can an interested party open probate for a decedents estate in Maine?
Detailed Answer In Maine, an interested party opens probate by filing a petition with the probate court in the county where the decedent resided at death. Under 18-A M.R.S. §2-201, the petition must identify the petitioner, the decedent, and any proposed personal representative (18-A M.R.S. §2-201). Attach a certified death certificate, a copy of the […]
Read article →What information and duties is a personal representative required to provide to heirs in Maine?
Detailed Answer In Maine, a personal representative (sometimes called an executor or administrator) holds a fiduciary duty to manage the estate and keep heirs informed. The Maine Probate Code (Title 18-B of the Maine Revised Statutes) sets specific requirements: 1. Notice to Heirs (18-B M.R.S. § 3-705) Within 30 days of appointment, the personal representative […]
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