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Probate is the legal process of distributing someone’s property after they die. Probate law, like any area of law, can be challenging. Our McCue Law Office probate lawyers can help you understand your rights and make sure you understand your legal options. We are happy to assist you, no matter what your ties are to the deceased individual’s assets and estate.
A loved one may have died unexpectedly or without leaving a will. Or, the terms of the will may have been signed as the result of undue influence. These types of circumstances make things more difficult for all parties involved, and hiring a probate lawyer can make the process go much more smoothly. At McCue Law Office, we understand Maine probate law and are able to assist you with a range of probate law matters. Continue reading to learn more and schedule an appointment with our Bangor-based law firm today.
An LLC, or Limited Liability Company, is a business asset that is separate from its owner. You can think of it as similar to a corporation, but unlike a corporation, an LLC is solely owned and can be managed however they see fit. There are far fewer filing requirements for an LLC, which makes it easier to maintain, though you should still seek help from an experienced lawyer like those at McCue Law for filing purposes.
In terms of probate law, if the decedent (the person who has passed away) had created an LLC or were part owner in a corporation, the transfer of assets will be different than those who were not in this circumstance. Hiring a probate lawyer can help you understand how the process works and what your legal options are.
LLCs can also be used as estate planning tools, which makes them an important part of probate law. An LLC can be extremely useful if you are concerned about passing your assets to your loved ones without incurring gift taxes or estate taxes. It can also help you protect your assets while you are alive. Contact one of our Bangor probate lawyers to learn more.
If you sign your will in our law firm’s office, we will provide notary services at no cost.
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.
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.
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.
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.