A SPOUSE CAN DECLINE TO INHERIT UNDER HER SPOUSE’S WILL AND, INSTEAD, CAN TAKE A THIRD OF HER SPOUSE’S ESTATE
If your spouse passes away while domiciled in Maine, you can choose between inheriting under your spouse’s Will or taking a third of his or her “augmented estate”.
The issue of the rights of a married person to claim a share of the estate of a deceased spouse contrary to the terms of the deceased spouse’s Will and other estate planning documents is a fascinating historical study of evolving law which is little understood by members of the public.
IN MAINE, IF YOU DIE WITHOUT A WILL, MAINE LAW WILL DECIDE WHO INHERITS YOUR PROPERTY
If you reside in Maine, and die without a will, your property is said to pass by “intestacy”, and Maine law will decide how your property, called your “probate estate”, will be distributed.
FIVE GOOD REASONS TO MAKE A WILL
In Maine, you are in charge of your medical and end-of-life decisions. By planning ahead and making your wishes known through medical care directives, you can provide for your own peace of mind, and help your loved ones know what to do, in the event of your illness or injury. Such planning can avoid hasty decisions being made with inadequate information, and can avoid family disputes about your proper care and your preferences. (more…)
What is a Durable Power of Attorney:
A power of attorney is a document in which one person, the “principal”, appoints another person, the “agent”, to act on his or her behalf, conferring authority on the agent to perform certain acts or functions on behalf of the principal. A power of attorney is “durable” if it continues in effect even if the person who created it becomes disabled or incapacitated.
Perkins Thompson receives many inquiries on estate planning and elder law issues. Because I handle many of these, and have been editor of Maine Probate Laws and Maine Probate Procedure and Adjunct Professor of Estate Planning at the University of Maine School of Law, my partners thought it would be useful to clients and readers to post a series of essays on these issues on our firm’s website.
