You Have Questions — We Have Answers

Probate is a court process that manages the estates of individuals who are deceased, incapacitated, or underage. It involves validating wills, paying debts, and distributing assets. Probate can be time-consuming, public, and costly — which is why many people choose legal strategies to avoid it.

Also known as Tenancy by the Entirety (for spouses in some states), this form of ownership passes assets directly to the surviving owner without probate. However, adding others (e.g., children) can expose assets to creditors, divorces, and lawsuits.

A will is a legal document that directs how your assets should be distributed after your death. It must go through probate to be executed. Wills are also the only legal way to name guardians for minor children.

Also known as an Advance Medical Directive, a living will outlines your medical preferences if you're unable to communicate. It often accompanies a Health Care Power of Attorney, which names someone to make decisions on your behalf.

Dying without a will is called "intestacy." In that case, Maine state law decides who inherits your assets — regardless of your actual wishes.

These allow certain assets (like life insurance or retirement accounts) to bypass probate and go directly to the named beneficiary. It's critical that your designations are up to date and coordinated with your estate plan.

This document allows someone you trust to handle your financial or healthcare decisions if you become incapacitated. Without it, your loved ones may need to go through a court-supervised guardianship process.

This legal arrangement allows you to manage your assets during your lifetime and pass them to your heirs without probate. It provides flexibility, privacy, and the ability to plan for incapacity or tax savings.

Anyone with titled assets — like a home, business, or savings — should consider a trust. It’s especially useful if you want to avoid court involvement and simplify asset distribution after your death.