Will Writing Service in Maine

A last will and testament is a legal document specifying the distribution of an individual’s possessions after death. Where an individual dies “intestate,” meaning they did not leave a will, intestacy laws govern the allocation of their assets. Should you want to delegate the allocation of your inheritance to the mechanism of intestate succession, certain persons may inherit from you regardless of your intentions. A will allows one to express their wishes clearly, reduces the probability of conflicts within the family, and ensures the well-being of minor children and pets by creating trust and designating a guardian.

How Much Does It Cost to Write a Will in Maine?

Typically, wills in Maine drafted by an attorney range in price from $300 to $1,000 in flat fees, and the customarily charged hourly rate ranges from $200 to $350. An attorney can prepare a will upon payment of a fixed fee or an hourly charge. The expense of creating a will is contingent upon several elements, such as the nature of the estate, aggregate value of assets, and particular preferences of the client. Nevertheless, do-it-yourself (DIY) kits are available for purchase at a minimum price of $10, and you can get a Maine will template.

Can I Write a Will Without a Lawyer in Maine?

Yes, you can write a will without a lawyer in Maine. Per Maine laws on wills, consultation with a lawyer is not mandatory when preparing your will. Still, lawyers possess the necessary knowledge and skills to overcome common challenges and potential legal disputes. Please get in touch with us if you have any inquiries regarding how to make a will in Maine.

Is It Legal to Write Your Own Will in Maine?

Yes, it is legal to write your own will in Maine. With knowledge of your assets and designated beneficiaries, you can explore the process of drafting a will in Maine.

Does a Will in Maine Need to be Notarized?

No, a will in Maine does not need to be notarized. While notarization is optional according to Maine will laws, it is advisable since it offers supplementary evidence and might speed up the probate process. The notarization process obviates the probate court’s need to summon witnesses to authenticate the will’s legal validity.

Do I Need a Lawyer to Make a Will in Maine?

No, you do not need a lawyer to make a will in Maine. Although not legally mandated, it is advisable to use the services of a lawyer, particularly when managing intricate estates.

Do I Need a Lawyer to File a Will in Maine?

No, you do not need a lawyer to file a will in Maine. Nevertheless, this is not advisable. Opting for self-representation entails substantial risk as the legal procedures can be intricate, and the courts bind a person serving as their legal representative by the expectations and obligations of a trained lawyer. Some opt to assume responsibility for the probate of an estate while others prefer engaging the services of a lawyer.

Are Online Wills Legal in Maine?

Yes, online wills are legal in Maine, provided they satisfy the conditions for a will to be considered valid. Moreover, Maine allows electronic wills, which the testator must generate and keep in electronic format, electronically signed, and have authentication protocols.

How to Include Digital Assets in a Maine Will

To incorporate digital assets into a Maine will, it is essential to specify the designated beneficiaries who will get ownership of each digital asset. Moreover, it is crucial to clearly define the necessary procedures for authorized individuals to access these digital resources. You may include guidance on the location of specific files or compiling a roster of usernames and passwords required to access the digital assets.

How to Disinherit Someone in a Maine Will

You can disinherit someone by excluding them from your will. However, to ensure effective disinheritance, it is advisable to disinherit them specifically by declaring your desire to exclude them from your will clearly and concisely. 

Leaving a bequest to your spouse is voluntary, but Maine law grants them the right to an elective share of your inheritance if you die without leaving one. Where your will does not include your spouse, they may be eligible to receive an elective share, a percentage of your inheritance. The elective share in a Maine estate is 50% of the value of the marital property portion of the augmented estate. Complete disinheritance of a spouse is impossible without their written consent, such as a prenuptial or postnuptial agreement. 

Similarly, you are not obligated to leave anything to your children. While it is impossible to disinherit a minor child in any state due to public policy, by contrast, it is feasible to exclude adult children from inheritance in nearly all states. In Maine, if you did not have any children when you made your will but had one after you did (a so-called “omitted child”), that child gets what they would have gotten if you hadn’t made a will. Where the testator had at least one child when executing the will, and they bequeath a child or children, then a child born or adopted after the will’s execution is entitled to get an inheritance from the estate, too, per the rules outlined in the statute. To effectively disinherit a child, it is essential to mention explicitly that you are disinheriting them in your will.

How to Handle Debts and Liabilities in a Maine Will

Before the distribution of assets, the executor ensures the settlement of the debts of the decedent and the administration costs. Many people’s debts remain after they pass away, and their payments are due from the estate. Similarly, the costs of administration, including court filing fees and those of experts like lawyers and appraisers, are the estate’s responsibility. Some estates don’t have enough money to pay off their debts. In such a case, the executor must consult Maine statutes that provide a hierarchy for paying debts according to their categorization.

How to Provide for Minor Children in a Maine Will

Providing for minor children in a Maine will incorporates the inclusion of:

1. A guardian. A guardian is the person who will assume primary responsibility for the well-being and safeguarding of the children. Unless there are extraordinary circumstances, the court will uphold your choice of a guardian.
2. A trust. Forming a trust allows you to define the parameters for managing your assets for your children’s benefit. 

How to Store Your Maine Will Safely

To ensure the safe storage of your Maine will, it is necessary to securely retain it in a location that is conveniently accessible to the appropriate persons at the proper time while additionally being protected from any possible damage or corruption. There is no perfect storage place for a will; the best position should balance security and ease of access. Where the storage place of your will is safe but not readily accessible to the designated parties for the probate procedure, intestacy laws will govern your estate’s distribution. Standard venues for storing wills include law firms, courts, secure deposit boxes, and executors.

How to Contest a Will in Maine

When the probate process begins, the designated executor must see it through and notify the people named as beneficiaries of the will. This legal notice often limits the time one has to challenge the will’s validity. Per the Maine probate process, anyone named or unnamed in a will typically has thirty to ninety days to file the will contest. 

A will can only be contested by a person or institution having legal standing, meaning that the party making the contest will experience personal consequences from the decision of the case. Typically, this refers to an heir or beneficiary in the will or one who, despite not being in the will, would inherit from the estate under intestacy laws.

Some grounds for contesting a will include lack of testamentary capacity, improper execution, fraud, and undue influence. A will contest’s primary objective is to establish a will’s invalidity. Should a will contest be successful, the court will nullify the will and continue as if it did not exist, and the decedent may be considered intestate. Where the will contest is unsuccessful, the will shall be probated, and the estate will be distributed according to its provisions.

What are No-Contest Clauses in Maine Wills?

Included in legal documents like wills and trusts, a no-contest clause, additionally known as an “in terrorem” clause, prevents parties from contesting the document’s legitimacy. A no-contest provision is a safety measure that guarantees the person concerned will not get any inheritance if a judicial challenge on the will is unsuccessful. 

What is the Difference between Probate in Maine and New Hampshire?

A major difference between probate in Maine and New Hampshire is that in Maine, one can utilize a Small Estate Affidavit to transfer property where the estate does not exceed $40,000. New Hampshire, however, offers a Waiver of Administration; it does not offer a Small Estate Affidavit. For assistance with will writing in New Hampshire, do not hesitate to contact us. We offer the best will writing service in New Hampshire.

How to Handle Foreign Property in a Maine Will

An executor will initiate ancillary probate in the foreign jurisdiction where the decedent held property to manage that property. It is helpful to consult a local attorney in the foreign jurisdiction to help with the probate procedure.

How to Make a Will for Same-Sex Couples in Maine

When exploring how to write a will in Maine for same-sex couples, it is essential to consider their challenges, such as matters of legal recognition, inheritance rights, and parental responsibilities. Despite the Supreme Court of the United States requiring states to acknowledge same-sex marriage in 2015, the complex legal landscape, which encompasses several laws predating 2015, as well as the heightened risk of family separation, necessitates meticulous deliberation in estate planning for same-sex couples. Exploring how to make a will in Maine may appear intricate, particularly for same-sex couples. Still, at LegalPen, we strive to clarify any difficulties you may have with how to write a will in Maine.

How to Plan for Pet Care in Your Maine Will

While drafting your Maine will, take into account the following if you have pets:

1. Incorporating a clause for leaving your pet as an inheritance in your will. The law categorizes your pet as personal property that you may bequeathed to your beneficiaries or heirs in the same manner as any other asset.
2. Establishing a pet trust. Establishing a pet trust allows you to guarantee the continuous well-being of your pet. When establishing your pet trust, it is recommended that you assign one person to supervise the administration of the trust funds and another to provide physical care for the pet. The appointment of two individuals in this role can establish mutual responsibility, provide optimal care for the pet, and properly manage the trust funds.

How to Handle Business Succession in a Maine Will

You can transfer ownership of your business to your beneficiaries by establishing a living trust or incorporating it into your will. You can bequeath it to your descendants if you operate your business as a sole proprietorship. Nevertheless, suppose you are a co-owner or partner. In that case, additional considerations exist, such as the value of your stake and your intention to either sell it or transfer it. An effective will should facilitate the seamless transfer of ownership. 

How to Handle Out-Of-State Property in a Maine Will

An executor can pursue a distinct probate procedure, known as ancillary probate if the estate includes out-of-state property. Given that the court overseeing the original probate process does not have authority over assets outside the state, this approach is specifically intended to handle out-of-state property.

What is the Difference between Holographic Wills and Statutory Wills in Maine

The difference between holographic wills and Maine statutory wills is that holographic wills are handwritten by the testator and do not need to be witnesses. Maine recognizes holographic wills provided the testator’s signature and material portions of the will are in the testator’s handwriting.