Practice Areas - Probate
We handle the probating of wills in Maine and New Hampshire (known as testate), as well as probating an estate when a person dies without a will (known as intestate). An estate involves gathering up all the assets a person had when they died, and then disposing of them according to their wishes, or if they didn’t leave a will then according to State law. The assets are used to pay bills of the deceased, then the remainder of the assets are distributed to those persons entitled to them. A person can obtain an appointment as a personal representative in Maine, or executor in New Hampshire, usually within about one month after filing the paperwork with the Court. Once this is done the personal representative or executor obtains a tax i.d. number for the estate, opens a checking account, and begins to administer the estate. Once the period of time expires for creditor’s of the estate or deceased to file claims, then the property can be distributed or liquidated and final payments made to any creditors, and then the proceeds can be distributed. Assuming all property can be sold in a timely manner an Estate can be administered and closed as quickly as about one year.
Click here for additional information on wills.
We also handle establishing a guardianship or conservatorship. These can either be for children, or for adults who are no longer competent to manage their own affairs. In such circumstances a guardianship gives another person, often a family member, control over aspects of the other person’s well being (health care, education, general health and well being). A conservatorship allows another person, often a family member, to have control over a person’s finances. This power can include the power to sell, mortgage, and do anything that the protected person could do if he or she were competent. Both a conservatorship or guardianship can be limited, but often are not. Both require regular reports to the probate court regarding the status of the guardianship and conservatorship.
If you have questions about these proceedings, or whether they are appropriate for you, please contact any of the attorneys for a meeting to discuss this.
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