Legal Question in Wills and Trusts in Maine

My father left each of us 20 acres of land when he died in a trust; not will. What is the difference?

I ask because my sister is the executrix and she does not want me to have my land. This is a

civil matter so the State of Maine AG's office cannot help.

How do I pursue getting my land without the expense of an attorney. If I must hire an attorney, who

is responsible for the fees?

Thank you in advance for your help.


Asked on 1/09/10, 5:14 am

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

The short answer to how you force the issue is that a petition must be filed with the Probate Court to compell the compliance by the trustee or the executrix with the terms of the Will/Trust. The cost for doing so is initially borne by you, but the Petition would also request for the Probate Court Order to Order your atty fees be paid for out of the Estate or Trust, or possibly by the fiduciary personally. There is no way to know at this point if the Court would agree with the fee request.

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Answered on 1/14/10, 5:43 am


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