Legal Question in Wills and Trusts in Maine

My husband had a friend that passed away. He told us before he passed that we were beneficiaries in his Will. During the last few months of his life his brother would not let us see or talk to him. He has now passed and when we were at the funeral we were asked to leave by his brother. We don't know if we are still beneficiaries or not. How would I find that information? His brother has Power of Attorney and with the situation as it is its out of the question to talk with him.


Asked on 1/26/11, 10:17 am

2 Answers from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

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.

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Answered on 1/27/11, 2:28 pm
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

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.

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Answered on 2/07/12, 5:33 am


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