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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42812
Experience:  Texas lawyer for 30 years in Estate law
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My uncle died without a will. The elder lawyer is advising

Customer Question

My uncle died without a will. The elder lawyer is advising the issues to appoint the person who was the medical proxy and the power of attorney as executor. I would like to know if there is full disclosure of the estate worth prior to agreeing to this relative becoming the executor? And if he is accountable to share all details and disclose all of his dealings. This relative was not very forthcoming with information with other relatives of my deceased uncle. He didn't even let us know how ill he was until the day before he passed. What is the process of the majority of relatives decide not to appoint this person as the executor for lack of trust? My uncle had no children, no spouse just a brother and 12 nieces and nephews from his siblings. Also what is the surviing siblings share and do his two sons also get a share? The Maine Intestate rules are bit gray in outer circumstance. Thank you.
JA: What are the assets in question? Have any documents been drafted?
Customer: There is no real property but may be a monetary amount that has not been disclosed only guessed at by the POA in a discussion. He has also already disposed of every piece of personal possessions.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that is all.
Submitted: 2 months ago.
Category: Estate Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 2 months ago.

Here if you don't consent you need to file your own application to be probated.This position is one of great trust, if this person is untrustworthy you may want to oppose and seek a neutral party at least, either yourself or say a lawyer.The judge may agree to such a request and application for probate from yourself.

Laws of intestacy

f you leave no surviving parent or “issue”, your surviving spouse receives all of your probate estate after your debts, expenses of administration, and statutory allowances (explained below) are paid.

If you leave a surviving parent but no surviving issue, your spouse receives only the first $50,000 plus one half of your probate estate after your debts, expenses of administration, and statutory allowances are paid.

If you leave no surviving parent but leave issue, all of whom are descendants of you and your spouse, your spouse receives the first $50,000 plus one half of your probate estate after your debts, expenses of administration, and statutory allowances are paid.

If you leave no surviving parent but leave surviving issue, any of whom is not your spouse’s issue, your spouse receives only half of your probate estate after payment of debts, expenses of administration and statutory allowances.

If you have no spouse, but have a “registered domestic partner”, your registered domestic partner has the same right to inherit all or part of your probate estate as a surviving spouse. A “registered domestic partner” is a person who has been identified as a registered domestic partner with the Maine Domestic Partner Registry which is maintained by the Maine Bureau of Vital Records. This provision became effective law in Maine in 2004, in the context of the continuing debate over gay marriage.

In Maine, the balance of your probate estate, after distribution to your surviving spouse or registered domestic partner as described above, is divided as follows:

  1. If you leave issue, your probate estate is divided among your issue “per capita at each generation”;
  2. If you leave no surviving issue, then the balance of your probate estate passes to your parents in equal shares;If you leave no surviving issue or parent, then the balance of your probate estate passes to the issue of your parents, “per capita at each generation”;
  3. If you leave no surviving issue or parent or issue of a parent, then the balance of your probate estate passes to your grandparents or their issue, half to the maternal side and half to the paternal side (unless there are no surviving issue on one side, in which case the rest of your probate property passes to the surviving issue).
  4. If you leave no surviving issue or parent or issue of a parent or grandparent, or issue of a grandparent but you are survived by great-grandparents or issue of great-grandparents, then the balance of your probate estate passes to the great-grandparents or their issue, half to the maternal side and half to the paternal side (unless there are no surviving issue on one side, in which case the rest of your estate passes to the surviving issue).
  5. If there are no surviving issue of great-grandparents, then the intestate estate passes to the State of Maine.

The probate judge will name the legal heirs under laws of intestacy and their shares.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 2 months ago.
I appreciate the answer but I already have a copy of the Maine Intestate rules. My questions was more as to are we the relatives entitled to know what the estate consists of -its value prior to any appointment of executer? And going by your answer there doesn't seem to any monitored accountability on this person during the estate management.