Legal Question in Wills and Trusts in Maine
wills/ probate
if a will has not been probated should anyone be entering the deceased house?
Asked on 8/12/08, 11:42 am
1 Answer from Attorneys
Jerome Gamache
Ainsworth Thelin & Raftice, P.A.
Re: wills/ probate
If there is a Will, then it is a simple matter to submit it to the Court and get the individual named as PR in it to be recognized by the Court. As a practical matter, the defacto PR, if named in the Will but not yet recognized by the Court may need to attend to practical details to preserve the estate. However, the house should not be "open" for any relative to just come and go, the PR has a duty to preserve the estate and protect it. If there is some controversy between family members who should attend to what details, then a Petition should be filed with the Probate Court to obtain guidance.
Answered on 8/13/08, 10:16 am