Legal Question in Personal Injury in Maine

Althezimer Will

If I say I live in WA they give me a WA atty. My problem is in ME (Maine)

I�m Claire 58 yrs old, living in WA state. I�ll try to be as concise as possible. My brother took my father to his own atty to make a will. My father was in 4th stage Althezimer (maybe more, need medical papers from Togus, father still alive). I filed a complaint with the Bar � the Bar said Shawn Bell, atty was not in err since he is my brother business atty not his personal atty.

Togus tells me I can not have my father medical papers till he has passed. My brother took everything, the home, and a sizeable bank account $128K. My brother owns New England Vending, Dennis--name removed-- My brother set up a Life Estate in 2004.

I took a lot of abuse from my father, weekly beatings, forced to stay home and care for my brother so I stayed back in the 4th grade, then he kidnapped me from my mother. Lots of violence from him. Partly why I am in therapy now. In 2003 I went back to Maine to be his care giver. At that time my father was charged with animal cruelty. I was not in court, but I�d bet he claimed althezimer.


Asked on 2/03/09, 9:51 am

1 Answer from Attorneys

David Marchese Drummond & Drummond, LLP

Re: Althezimer Will

Thank you for your inquiry.However, your question was not clearly presented, so I can only assume that you wish to challenge the Will. Will challenges can only be done in the probate court when someone's estate is being probated. Probate of a Will is required when the estate exceeds the value of $10,000, includes real estate, and or sometimes in the case of ownership of securities/stocks. You will have your opportunity to challenge the Will in probate court if your brother files for probate of the will as personal representative, as he is required to notify you under the law. However, if your father has placed your brother as joint owner of real estate or other properties, then your father dies, probate may not be necessary. In that event, you would have to file your own probate proceeding to challenge the will. Probate proceedings have to be filed in the county probate court where the decedent resided at the time of death. If I can be of any further assistance, please let me know.

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Answered on 2/03/09, 10:00 am


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