Create a Maine Last Will and Testament with our customizable template!
In the state of Maine, a Last Will and Testament is a legal document that gives someone, referred to as a Testator, the legal ability to designate who they want their assets to be passed down to, and how they’d like their belongings and assets divided once they pass away. The Testator must be of legal age and sound mind when they create their Will. To assure this is the case, the Will must also be signed by two witnesses. The witnesses sign when the Testator signs. Their signatures are used to prove that the Testator meets the qualifications necessary to create the document. After creating and executing the document, the Will should be kept someplace safe yet accessible, such as with the Testator’s attorney or with a trusted family member.
Definition of Will - §2-514
Laws - Title 18A, Article 2: Intestate Succession and Wills
Witnesses - According to Section 2-502, the Will must be signed by two (2) witnesses who are both present when the Testator signs the document.
Step 1 - Using the template provided by FormSwift, enter your name, followed by your identified gender.
Step 2 - Provide your city and county of residence.
Step 3 - Select your marital status from one of the following choices:
If you are married, provide the name of your spouse.
Step 4 - If you have any children, pets, property, or life insurance policies, provide that information here.
Step 5 - Provide your children’s names, if they are living, and whether or not you will name them as beneficiaries. In addition, list the names of pets, and information about any life insurance policies.
Step 6 - State the amount of money or percentage of your property you’d like to leave each child.
Step 7 - If you’d like to set up a trust for someone who is mentally ill or disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.
Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.
Step 9 - Is there a specific funeral home you’d like to use? Provide that information here.
Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.
Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:
Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.
Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to distribute your assets once you pass away. If your assets are in a trust, provide the following information:
Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:
Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian to care for them if you die, provide the following information below (as well information for an alternate guardian and a conservator).
Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:
Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:
Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:
Remember that you need two witnesses to sign your Will.
In the State of Maine, a last will and testament is a legal document in which the testator lays out their wishes for their estate upon their death. Assets such as real estate, digital property, jewelry, bank accounts, and more can all be left in a will to be distributed to a spouse, children, loved ones, friends, or charities.
A last will and testament is not legally required in the State of Maine. Yet, there are many benefits to creating one.
Without a will, state intestacy laws take effect. This means that the courts will determine the outcome of any property that is part of the estate. If a person dies without a will, a surviving spouse will inherit the entirety of the estate. If there is no spouse, any surviving children will inherit the entirety of the estate. If there are both a spouse and descendants, the spouse will inherit $50,000 of the estate, plus half of the balance while the descendants will inherit the rest. If there is a spouse and surviving parents, the same disbursement would occur. If there is no spouse or children, the courts will find the next closest relative to inherit any assets. If no relatives are found, the State of Maine becomes the beneficiary.
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