KNOW YOUR RIGHTS #3

Do I Need A Will?

Shirley Smith, a widow, wonders if she needs a will. Her friend, Mary, had a will. When Mary died, her second husband had no trouble settling her estate. Then, Shirley’s neighbor died. She had a will, too. It was a terrible mess. The family had to hire a lawyer to sort it out. And there wasn’t much property! But Shirley’s friend, Myrna, died recently without a will and her daughter didn’t even need a lawyer. She had no problems at all. It’s all so confusing!

What’s a will and why would I want one?

A will is a legal document that states who you want to get your money and your property when you die. It gives you control. If you die without a will, Maine law will decide who gets your property.

When you create a will, you sign it in front of two witnesses, who sign it as well. You can change it at any time. It’s only final at your death.

A good will can prevent family members and others from ‘fighting’ about your property in probate court.

Here’s an example: Let’s say you have been married twice and your children are from your first marriage. Under the law, your second husband would have a right to only half your property. Your children would have the right to the other half. This may or may not suit you. But, you only have the power to change this if you have a will. Then, you can decide.

Who makes sure that my will is followed?

When you make a will, you name the person whom you want to take charge of your property after you die. This person is called the executor or P.R. (for Personal Representative).

The PR finds and reads your original will. She decides whether the will needs to be "probated." This means a Probate court reviews the will and makes sure the directions in the will are followed. If there is little property, the PR can most likely just give it to the people you name in your will without going to probate. (See "Know Your Rights #7")

If there is a good amount of property, your PR sends the original will to the probate court. She asks to be ‘appointed’ by the court as PR. Heirs are notified about this request. If no one objects, the court gives her authority to act as PR.

The PR may also pay any bills left at your death, if there is money to do so.

If I have a will and it goes to probate, what will happen?

In Maine, most of the time probate takes little time and is not expensive. The probate court simply makes sure everything is in order and the will is followed.

Sometimes, people listed in the will object to the way things are being handled. Often, it has little to do with the value of the property being probated.

Sometimes people argue about simple things. This happens with or without a will.

So, if you want to make sure a certain person gets a special item such as jewelry, make a will! If you want to leave money to a favorite charity, make a will! If you want your close friend - not your only living relative - to have most of your money or property, make a will!

Are there ways other than a will to pass my property to others?

Yes. Here are two examples.

1. Name a loved one as a beneficiary on a life insurance policy. When you die, that person gets a check from the company. No will is needed.

2. Give another person an interest in your property as joint tenant while you’re alive. When you die, that person will own the whole interest in the property. No will is needed.

But, it’s hard to know if you’ve taken care of everything without a will. And, some property cannot be passed to others without a will.

Do I need a lawyer to make a will?

No. But, it’s more risky to do it yourself. Laws are complex. This is especially true if you have a big or "blended" family.

Some people write their own wills using the Maine Statutory Will Form. This is

a fill-in-the-blank form you can get at the probate court. We don’t recommend this for most people.

Let us help you.

If you wonder whether you need a will or have other questions, call us to talk to a lawyer at no cost: 1-800-750-5353.

We may also be able to refer you to a private lawyer who can prepare a will for you at a reduced fee. A good will may be less expensive than you think.

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