Legal Question in Wills and Trusts in Maine
probate
My mother passed away without a
will or a power of attorney. She has
life insurance that her children are
named beneficiaries of, so we are
filing the claim with fingers crossed.
But she has a couple of retirement
accounts and a checking account
that we can not access because there
is no personal rep or power of
attorney. What are the benefits of
getting a attorney to handle these
estate issues rather than trying to
become a personal rep and doing on
my own? Thanks.
1 Answer from Attorneys
Re: probate
My office is located in South Portland and we handle a great number of estates so have developed relationships with local Probate Court Clerks, accountants and other professionals who can assist in smoothly addressing issues as they come up in an estate. That experience often proves to benefit a client. In any particular estate the cost may outweigh the benefit, or indeed the assets in the estate and there is nothing inherently wrong with handling it yourself. However, like insurance, having counsel will guard against unforseen problems. In addition, estate managment is not just about distributing assets, it is also about addressing claims and it is important to know the procedure to address claims, both for payment and rejection. Another consideration is accountability and in any particular family situation it may be desireable for an atty who knows the process to be the one to address issues rather than have siblings account to one another, question one another, etc.