Legal Question in Wills and Trusts in Maine

If a Will states this: PR without authorization of any court, & without notice required under Title 18A MRSA 3-711, may retain, invest, sell, lease, exchange, mortgage, pledge or otherwise deal with all or any part of my estate, real , including real estate. etc.... Maine. If the PR is not on the mortgage, but is also an HR in the estate, is this saying that the PR can sell the home or items and put everything into their name? Can this PR dispose of things and not claim the income of it on the estate accounting?


Asked on 7/20/11, 8:22 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

I am not sure from your question if "HR" is an abbreviation for "Heir", but I will assume from context that is what you mean. I do recognize "PR" as "Personal Representative", and the Will provision you cite is not uncommon, it allows for the PR to have flexibility in liquidating the property so that money can be distributed to the Heirs/Beneficiaries as the Will directs.

However, the PR has a fiduciary obligation to the Estate, so cannot, as your question asks, simply sell everything to him/her self and not claim the income to the estate. In some circumstances a PR can purchase property at fair market value and receive a credit against his/her eventual share, but that must be documented. There are a myriad of circumstances as to how this can occur, so any additional information would need to be addressed directly with me by calling 207-767-4824 or emailing via the website at www.atrlaw.pro

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Answered on 7/20/11, 8:38 am


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