Probate Law FAQs: Get Yours Answered

Experiencing the loss of a loved one is an incredibly emotional journey, and dealing with the legalities of probate can complicate that experience further. That's why The Law Offices of Baldacci, Sullivan & Baldacci is here to address some frequently asked questions about probate law. You can learn more about what probate lawyers do in our previous blog post! Still have more questions? Reach out to our estate lawyers in Maine to learn more!

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What assets are subject to probate in Maine?

In Maine, probate typically involves the distribution of assets solely owned by the deceased, including real estate, bank accounts, and personal property. However, assets held in joint tenancy, payable-on-death accounts, and those in a revocable living trust generally bypass probate. Understanding which assets are subject to probate is essential for accurate estate planning.

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How are debts handled during the probate process?

During probate, the executor is responsible for settling the deceased's debts. This includes notifying creditors, paying off outstanding debts with estate assets, and managing any claims against the estate. It’s crucial to address these obligations early, as they can impact the distribution of remaining assets to beneficiaries.

Infographic titled Common Terms in Probate Law
signing last will and testament

What is the difference between a will and a living trust?

A last will and testament outlines how your assets will be distributed after death, while a living trust manages your assets during your lifetime and can help avoid probate upon passing. Both instruments serve distinct purposes in estate planning, something an estate planning attorney can help you navigate!

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How long does the probate process take in Maine?

The duration of probate can vary significantly, typically ranging from a few months to over a year. Factors such as the complexity of the estate and potential disputes among beneficiaries can also influence the timeline.

Empower Your Estate Planning Journey

Navigating the intricacies of probate law in Maine can feel overwhelming, but you don’t have to face it alone. Armed with the answers to these frequently asked questions, you can approach the probate process with greater confidence and understanding. At The Law Offices of Baldacci, Sullivan & Baldacci, our skilled estate attorneys are here to support you every step of the way. Contact us today to discuss your situation with our probate lawyers in Maine!

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