On Mar. 14, ME LEG amended State uniform probate code, trust law.
ME LEG enacted bill LD 196, HP 120, to implement recommendations of probate, trust law advisory commission for amending Maine uniform probate code, ME LEG 18-C.
Probate Court Provisions
Per current law, if a judge/register of probate has an interest in an estate, the estate must be transferred to and settled in the probate court in an adjoining county.
Provided if less than 4 counties adjoining county of probate court conflict of interest arises, estate must be transferred to any 1 of 4 nearest to that of transferring county.
When a petition for elective share indicating decedent owned real estate has been filed, register must record in registry of deeds abstract of petition, not entire petition.
Rights of Spouse, Children
Required register to notify decedent's devisees and heirs, within 30 days after filing of an application for the appointment of a personal representative, certain rights.
The rights of surviving spouse to demand elective share, time limit to make election.
Rights of spouse, children to homestead allowance, exempt property, family allowance.
Homestead allowance, exempt property, family allowance have priority over all claims against an estate except for reasonable funeral expenses, administrative expenses.
Testator may expressly provide benefit/share passing to a surviving spouse or children via will intended to be made in lieu of homestead, exempt property/family allowance.
Also, personal representative has duty to promptly pay homestead allowance, exempt property, family allowance from available assets, without any demand by survivors.
Authorized filing of informal testacy proceedings more than 3 years after a decedent's death in same circumstances formal testacy proceedings may be filed for over 3 years.
Further delays until Jan. 1, 2025 effective date of statutes governing confidentiality of proceedings for guardianships of adults, conservatorships, protective arrangements.
Transfer on Death Deeds
Clarified that statutory forms for a transfer on death deed, revocation of a transfer on death deed are intended to be used as templates for the creation of these instruments.
Preferably with the assistance of a lawyer, and not as fill-in-the-blank documents.
Noted printed screen shots of the statutory form do not meet the margin requirements for recording and often fail to contain the required legal description of the property.
Legislative History
On Jan. 17, 2023, bill introduced in House; On Mar. 2, 2023, bill was passed in House.
On Mar. 7, 2023, bill was introduced in Senate; on Mar. 7, 2023, bill passed in Senate.
On Mar. 13, 2023, bill signed in law by governor as ACTPUB Ch. 4, emergency enacted.
Effectiveness
An emergency was enacted, so bill became effective immediately, on Mar. 13, 2023.
Sections governing confidentiality of proceedings for guardianship of adults, conservatorships, other protective arrangements effectiveness delayed to Jan. 1, 2025.
Regulators
ME LEG
Entity Types
Bank; CNSM; Fiduciary; IA; Inv Co
Reference
Bill LD 196, HP 120, 3/14/2023; Citation: ME LEG 18-C;
