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Browse our 3 legal questions about Will & Testament in United States and the lawyer answers, or ask your own questions for free.
Will & Testament law in Lewiston, United States is governed by the statutes of Maine. It is a crucial part of estate planning and allows an individual to dictate how their assets will be distributed after their passing. A well-formulated will help prevent disputes among beneficiaries, moreover, it also enables a person to name a guardian for their minor children if necessary. If one passes away without a Will, the state laws (also known as intestacy laws) oversee the distribution of your assets.
There are a number of instances where you might need to engage a lawyer. Preparing a Will can be a more complex process if you have significant assets, own a business, or want to make provision for a special needs beneficiary. Lawyers can also assist in the event of a Will dispute, advice on tax implications, or if there's a need to set up trust arrangements. They can also provide legal counsel in cases where your Will may have interstate or international implications.
Maine laws dictate that a Will should be written and signed by the testator (the person making the will) and by two witnesses. The testator needs to be at least 18 years old and of sound mind. Verbal wills (nuncupative wills) and handwritten wills (holographic wills) without witnesses are generally not recognized in Maine. Maine's probate courts oversee the administration of Wills.
Although it's not legally required in Maine to hire a lawyer for writing a will, it's generally recommended, especially if your estate is complex.
Yes, you can change your Will at any time by making a new one or adding a codicil -an amendment to the original Will. Changes should also be signed and witnessed as per Maine law.
Any legally adult who is not a beneficiary of the Will can serve as a witness.
If you die without a Will, your estate is distributed according to Maine's intestacy laws, which might not align with your wishes.
Maine law allows for an individual to disinherit a family member, with the exception of a spouse unless there is a prenuptial agreement in place. A qualified attorney can provide appropriate advice about this process.
The Maine State Bar Association, the Maine Judicial Branch website, and the Legal Services for the Elderly in Maine are good resources for information and legal assistance.
If you need to prepare or amend a Will, or if you find yourself involved in a Will dispute, the best course of action would be to consult with a local Will & Estate attorney. Be sure to gather all necessary documents and information related to your assets and beneficiaries for the consultation. Remember, it's better to update your Will periodically as state laws and personal circumstances change over time.
