Maine State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Maine Revised Statutes Annotated
Probate jurisdiction rests with the Probate Court
Probate laws are primarily under Title 18A

Minimum age requirement to:

Distribute property by will: 18 (Section 18A-2-501)
Which minor gets property: 18 to 21

Holographic will recognized (Section 18A-2-503)

State taxes:

Estate tax: Equal to federal credit for state death taxes (Section 18A-3-916)
State gift tax:Inheritance tax: No inheritance tax (Section 18A-3-916)
- No state gift tax (Section 18A-3-916)
- Anatomical Gift Act (Section 22-2-710)
Inheritance tax: No inheritance tax (Section 18A-3-916)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 2-102 to 2-103)

No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per capita at each generation share
Surviving spouse and
- Children of surviving spouse:
  - $50,000 and one-half (1/2) of your estate will go to the surviving spouse, and
  - The other one-half (1/2) to your children or to their children according to their per capita share (registered domestic partners have same intestate share rights as surviving spouses)
  - Children not of the surviving spouse (for example your children from a previous marriage):
    - one-half (1/2) of your estate to the surviving spouse, and
    - The other one-half (1/2) to your children or to their children according to their per capita share (registered domestic partners have same intestate share rights as surviving spouses)
    - No children and both of your parents of deceased:
      - All of your estate will pass to your spouse (registered domestic partners have same intestate share rights as surviving spouses)
    - No children, but at least one of your parents survives you:
      - $50,000 and one-half (1/2) of your estate will go to the surviving spouse, and
      - The other one-half (1/2) to your children or to their children according to their per capita share (registered domestic partners have same intestate share rights as surviving spouses)
At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents equally
No spouse, children, or parents:
- Siblings (brothers and sisters) equally (including half-siblings) according to their per capita share. If none, then one-half (1/2) to maternal grandparents or to their children according to their per capita share and the other one-half (1/2) to paternal grandparents or to their children according to their per capita share

Who must be named as a beneficiary in your will:

Surviving spouse (Section 18A-2-302), andChildren, born or adopted, and grandchildren of any deceased children (Section 18A-2-301)
- Surviving spouse must be given:
  - One-third (1/3) of your estate (Section 18A-2-301)
- Children, born or adopted, and grandchildren of any deceased children (Section 18A-2-301)

Effects of changes in your marital status on your will:

You are divorced from the surviving spouse:
- Revokes will as to divorced surviving spouse, unless will expressly provides for divorced surviving spouse (Section 18A-2-508)
You get married without changing your will that does not provide for your new spouse:
- Revokes will as to spouse, unless will expressly provides for spouse, but spouse may still be entitled to shares under state intestate law (Section 18A-2-301)

Witnesses:

Minimum number of witnesses required: Two (Section 18A-2-502)
Are witnesses allowed to be beneficiaries?: Yes (Section 18A-2-505)
Requirements to be a witness, witnesses must be an adult, and no other restrictions apply

Property ownership (Sections 33-7-159 and 33-7-160):

Common law state
If owned by two or more persons, then a tenancy in common is presumed to have been created, unless express and clear language is stated that a joint tenancy with right of survivorship is created
Bank account deposits held jointly are payable to any survivor named in the bank account
Tenancy by the entirety is not recognized in this state

Other types of wills:

Self-proving wills recognized: Yes, recognized (Section 18A-2-504)
Living will: Instructions for Health Care (Section 18A-5-8040). Requires:Durable Power of Attorney for Health Care (Section 18-5-506)
- no doctor certification,
- diagnoses of an incurable and irreversible condition that will result in death within a relatively short time, become unconscious and, to a reasonable degree of medical certainty, will not regain consciousness, or the likely risks and burdens of treatment would outweigh the expected benefits
Durable Power of Attorney for Health Care (Section 18-5-506)
Durable Power of Attorney (Section 18A-5-502)