Questions
Five, and the first answer costs me money.
- Do I need a trust or just a will?
- Most people need a will and do not need a trust. A trust is worth its cost when you own property in more than one state, when a beneficiary needs protecting from themselves or from a divorce, or when you would rather your affairs never became a public court file. If none of those is true, a will and the other three documents will do everything you want, and I will tell you so rather than sell you the bigger package.
- How much does probate cost?
- It is hourly rather than fixed, because I cannot know at the start whether the family agrees. A straightforward estate with a will, one house, and cooperative beneficiaries usually lands between four and eight thousand dollars in fees, plus court costs. A contested one has no ceiling I can honestly quote, and I will tell you when I think you are heading for one.
- What happens if I die without a will in Maine?
- The state has a default plan and it applies whether you would have liked it or not. Broadly it goes to a spouse and children in proportions set by statute, and if there is no spouse or children it works outward through your relatives. Two things it never does: leave anything to an unmarried partner, and appoint the guardian you would have chosen for your children.
- Can you do this if I live out of state?
- For documents governed by Maine law, yes, and a signing can be done by video where the law allows it. If you live elsewhere and own nothing here, you want a lawyer in your own state — the formalities differ and a will that is valid in one place can create work in another. I will say so on the first call rather than take the work.
- How long does the whole thing take?
- For an estate plan: a first meeting, drafts within two weeks, and a signing about a fortnight after that. Six weeks start to finish is typical, and most of that is you reading the drafts. I will not push you to sign at the second meeting.
This page is general information about Maine estate procedure. It is not legal advice, it does not create an attorney-client relationship, and your situation may differ from every example here.