Legal Question in Wills and Trusts in Maine

The filing of a Will is public information available at the Probate Court, so you can call the Clerk periodically and check. Also if you know the identity of your friend's lawyer, you can also inquire to determine the status of the Will. The lawyer may not have any authority to reveal any information to you, but it is also possible that you are named as a Personal Representative in the Will in addition to beneficiary. You could also chare your concerns, and if you really are still a beneficiary, the lawyer may encourage the Personal Representative to file the Will and notify you.

That is a difficult situation. Maine law requires that anyone in posession of a Will must turn it over to the Probate Court once it is known that the testator (person who made out the Will) is deceased. However, if a dishonest person had the original Will and destroyed it, then there is no evidence to prove the Will, or to prove that the alw had been broken.

A verbal promise for an inheritance is not enforceable.

Fortunately, most people do not leave their original Will at home, but leave it with their lawyer. If you can guess and check around with local lawyers to see if your friend was a cleint, that may lead you to the Will. Although the lawyer has a duty of confidentiality to the deceased client, if you really are named in the Will, that lawyer has the obligation to check their files to see if the original Will is there, and the lawyer can turn it over to the Court.

You should also periodically check with the County Probate Court in the name of your friend to see if any Will at all, or any intestate proceeding (without a Will) is started by the brother.