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.


Asked on 1/12/09, 1:55 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

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.

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Answered on 1/12/09, 2:44 pm


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