Legal Question in Wills and Trusts in Maine

The facts as you present them and the law regarding intestacy as applied to those facts, would automatically result in your estate being distributed equally among your children. However, relying upon the laws of intestacy to resolve your estate planning issues is not advisable. Basic estate planning includes a last will and testament that addresses many issues, including who you nominate to manage your estate when you die (personal representative), how you would like your estate distributed and when, and with minor children it is very advisable to create a trust within the will so that someone (your nominated trustee) manages the money for that minor child until you decide an age where the funds would be distributed outright to that child. The next document is a durable power of attorney. This nominates someone to make decisions while you are still alive but unable to make or communicate your own decisions concerning financial matters and your health care. Finally, most people have a living will, also known as an advance directive, which is used when you cannot make or communicate your own decisions. It identifies your wishes concerning withholding or withdrawing medical treatment if you are in a chronic vegetative state or other terminal condition with no reasonable hope of recovery and you are likely to die within a short period of time. I would be happy to talk with you further about this. Thank you for your inquiry.