Legal Question in Wills and Trusts in Maine
will/trust notification
If someone were included in a will or trust how long would it take to be notified? Is there a statue of limitation on notifying someone they are included?
1 Answer from Attorneys
Re: will/trust notification
Maine's probate Code imposes a duty on anyone in possession of a Will that the person is aware should be probated to do so promptly. A Trustee under a trust also has a fiduciary duty to reasonably notify beneficiaries and follow the Trust language promptly.
However, there is a 3 year limit limit for the presentation of a Will, and once the Will is offered to probate, the Court or the Personal representative should notify all named heirs.
So there is not a specific time limit to notify beneficiaries, but the facts of each case will determine if the course of action is/was proper.
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