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February 22nd, 2024
Jeannie is our firm’s probate paralegal since 2002. Jeannie’s practice areas include estate and trust administration, as well as guardianship and conservatorships. In her role, Jeannie skillfully guides clients through the estate administration process and provides invaluable assistance to attorneys in court filings and hearing preparation. If there is a question about the Maine Probate Code, Jeannie is our go-to.
We asked Jeannie to answer these five questions to share her valuable insight with our readers:
We asked Jeannie to answer these five questions to share her valuable insight with our readers:
- What does a probate paralegal do?
In our office I am fortunate to be able to meet with the Client either in person, by phone, or virtually, to discuss the steps to administer an estate in Maine. This would include a review of the decedent’s Last Will and Testament, assets, and debts. I would then discuss the process from beginning to end, starting with appointment as Personal Representative and ending with closing the estate. It can take anywhere from 6 months to a year to complete the administration of an estate. If there is real estate involved, it could take even longer.
- What is the most common question (and answer) you are asked by clients?
How soon can assets be distributed from the estate?
The answer depends on several factors. Most importantly, the Probate Court will publish notice in the local paper to put the world, and creditors, on notice of the decedent’s death. Creditors then have 4 months from the date of published notice in which to file a claim against the estate. So, at a minimum, you should not distribute estate assets until the creditor claim period expires. If the estate includes real estate that needs to be sold, distribution of estate assets could take longer because other notice and steps are required.
The answer depends on several factors. Most importantly, the Probate Court will publish notice in the local paper to put the world, and creditors, on notice of the decedent’s death. Creditors then have 4 months from the date of published notice in which to file a claim against the estate. So, at a minimum, you should not distribute estate assets until the creditor claim period expires. If the estate includes real estate that needs to be sold, distribution of estate assets could take longer because other notice and steps are required.
- What is one thing you wish everyone knew about the probate process?
Many clients are anxious about having to go through the probate process. I guess it does have a certain “reputation”. Maine has streamlined the probate process and has made it simpler, unlike other states. There are circumstances when having an attorney involved is key (like if the estate has real estate or sometimes when the estate involves a blended family), but generally the process is inexpensive, quick, and informal.
- What is the biggest mistake you see families make that try to do this on their own?
Because the probate process is streamlined, in most cases families can get appointed as Personal Representative on their own. However, there are important steps after appointment that are often forgotten. Probably the most common mistakes are not sending notice to heirs and beneficiaries of the estate and not keeping them informed of the estate’s assets, income, and expenses. Transparency with all heirs and beneficiaries is important when administering an estate in order to avoid angry or hurt interested parties, which can lead to more problems.
- What tip would you give to any Personal Representative administering an estate on their own?
Pay a small fee to meet with an attorney first so that you have a sense of what you need to do to fulfill your obligations. It is money well spent in order to avoid issues later.
Categories: Probate