PROBATE LAW

Power of Attorney

As people live longer lives, it becomes more and more common for loved ones to care for elderly relatives who are no longer able to care for themselves. Ideally, a person will put their wishes in writing for their caregivers to know what personal or financial decisions they would like to make before they are unable to make those decisions themselves. The power of attorney elects the person to make decisions in the event of mental incompetence. The person designated power of attorney may make decisions as they please, as long as those decisions are made in good faith on your behalf.

The best way to designate someone to make decisions for you in the case that you lose the capacity to do is through power of attorney. A power of attorney can make medical decisions as well as financial transactions on behalf of the disabled person. While you don’t have to hire a lawyer to write a power of attorney, a probate lawyer like those at McCue Law Office can simplify the process. 

As people live longer lives, it becomes more and more common for loved ones to care for elderly relatives who are no longer able to care for themselves. Ideally, a person will put their wishes in writing for their caregivers to know what personal or financial decisions they would like to make before they are unable to make those decisions themselves. The power of attorney elects the person to make decisions in the event of mental incompetence. The person designated power of attorney may make decisions as they please, as long as those decisions are made in good faith on your behalf.

The best way to designate someone to make decisions for you in the case that you lose the capacity to do is through power of attorney. A power of attorney can make medical decisions as well as financial transactions on behalf of the disabled person. While you don’t have to hire a lawyer to write a power of attorney, a probate lawyer like those at McCue Law Office can simplify the process. 

Advance Directive

A health care advance directive is a document that gives instructions about your health care and/or appoints someone to make medical decisions for you if you cannot make one yourself. An advance directive must be signed before two witnesses and those witnesses cannot be beneficiary under your will.  

An advance directive differs from power of attorney in that it focuses specifically on decisions related to health care. Having a sick loved one is a stressful situation, and when disputes arise about care, it’s important to have a clear understanding of the health care wishes of the ill individual. Not only does it ensure that your health care wishes will be followed, but it also takes pressure away from family members who are trying to figure out what the best health decisions may be. 

A health care advance directive is a document that gives instructions about your health care and/or appoints someone to make medical decisions for you if you cannot make one yourself. An advance directive must be signed before two witnesses and those witnesses cannot be beneficiary under your will.  

An advance directive differs from power of attorney in that it focuses specifically on decisions related to health care. Having a sick loved one is a stressful situation, and when disputes arise about care, it’s important to have a clear understanding of the health care wishes of the ill individual. Not only does it ensure that your health care wishes will be followed, but it also takes pressure away from family members who are trying to figure out what the best health decisions may be. 

Wills

Creating a will allows you to have sole discretion over how your assets are distributed after you die. It may be necessary to probate a will if the terms of the will are questioned. If needed, our probate lawyers will represent you in a will contest and help you retain your assets.

Executing a Will

A probate court will only legally enforce a will if the following conditions are followed:

• The person who signs the will must be acting of their own free will, without undue influence or duress from others. 
• You must be of sound mind when signing the will.
• The will must be signed and dated in front of at least two witnesses who are not related to you and also not a party who may benefit from the will. 

Creating a will allows you to have sole discretion over how your assets are distributed after you die. It may be necessary to probate a will if the terms of the will are questioned. If needed, our probate lawyers will represent you in a will contest and help you retain your assets.

Executing a Will

A probate court will only legally enforce a will if the following conditions are followed:

• The person who signs the will must be acting of their own free will, without undue influence or duress from others. 
• You must be of sound mind when signing the will.
• The will must be signed and dated in front of at least two witnesses who are not related to you and also not a party who may benefit from the will. 

Probate Disputes

When an estate goes through probate, the parties involved may have difficulty reconciling an estate plan. In many ways, probate can seem like a divorce, and it is sometimes impossible to make every party happy. For some, mediation can solve their problems outside of probate court. If you choose to pursue mediation, you can bring an attorney with you to help advocate for your rights.

A few common probate disputes include:

• Disputed will
• Accusations of influencing the deceased
• Long periods of time since the will was last adjusted
• Multiple people applying for assets when there is no will

If you do have to go through a probate dispute, know that you don’t have to do it alone. Our probate lawyers are here to help you every step of the way. Contact McCue Law Office in Bangor today to get started.

When an estate goes through probate, the parties involved may have difficulty reconciling an estate plan. In many ways, probate can seem like a divorce, and it is sometimes impossible to make every party happy. For some, mediation can solve their problems outside of probate court. If you choose to pursue mediation, you can bring an attorney with you to help advocate for your rights.

A few common probate disputes include:

• Disputed will
• Accusations of influencing the deceased
• Long periods of time since the will was last adjusted
• Multiple people applying for assets when there is no will

If you do have to go through a probate dispute, know that you don’t have to do it alone. Our probate lawyers are here to help you every step of the way. Contact McCue Law Office in Bangor today to get started.

McCue Law Office – Probate Law

We are a small firm specializing in probate law as well as personal injury, bankruptcy, social security disability, workers’ compensation, and real estate. We have more than 35 years of experience advocating for clients in Maine. We have the expertise to be by your side for any legal matter that may arise, including matters related to probate. Law. 

If you are in need of a probate lawyer, contact us today.