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Maine Executor of Estate

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Lynnsbee

New member
In Maine, probate court allows 3 years to file to become executor of estate. My friend had not bothered with it until she found out her mother had purchased stocks. She wants to cash out and release them so that she can tie off the loose end, but they said they couldn't without an estate account. She cannot open an estate account without being the executor of estate. It has been 6 years since her mom passed away and she didn't leave a will.

How can she become executor of her mothers estate so she can cash out the stocks?
 


Just Blue

Senior Member
In Maine, probate court allows 3 years to file to become executor of estate. My friend had not bothered with it until she found out her mother had purchased stocks. She wants to cash out and release them so that she can tie off the loose end, but they said they couldn't without an estate account. She cannot open an estate account without being the executor of estate. It has been 6 years since her mom passed away and she didn't leave a will.

How can she become executor of her mothers estate so she can cash out the stocks?
Please have you friend post for herself...Thank You. :)
 

Zigner

Senior Member, Non-Attorney
She works 60 to 70 hour weeks and drive over an hour to and from work.... I was just trying to find some information for her on the general process.
If she doesn't have time to figure out information on the general process, then she likely doesn't have time to actually participate in the general process.
 

Lynnsbee

New member
If she doesn't have time to figure out information on the general process, then she likely doesn't have time to actually participate in the general process.
I am simply trying to help get information for her so she doesn't have to take as much time off work. Any help in gathering information for her would be appreciated.
 

Zigner

Senior Member, Non-Attorney
Honestly, your friend is going to need an attorney to assist her in this matter. I'm not trying to be snarky or rude, it's just a fact.
 

PayrollHRGuy

Senior Member
There really isn't anything you are going to be able to get her that will help other than the phone number of a lawyer. She can make the call while she is on that two hour a day commute.
 

LdiJ

Senior Member
I am simply trying to help get information for her so she doesn't have to take as much time off work. Any help in gathering information for her would be appreciated.
Honestly, she clearly does not have the time to even remotely attempt to do it without an attorney. So, unless its a decent amount of money, it might not be worth it for her.

A friend of mine, who was living in Japan, discovered that there was about 10k available from a foreclosure of her mother's condo after her mother passed away. She ended up having to use an attorney because of course she couldn't handle it from Japan. The legal fees ended up eating about half of the 10k. I know this because I notarized all of the documents for her. I would watch her sign them on Skyp (I think I spelled that wrong) and then I would watch her fax the signed documents to me and then I would notarize them and forward them on to the attorney.

And before you question that method, the attorney approved it.
 

Zigner

Senior Member, Non-Attorney
I would watch her sign them on Skyp (I think I spelled that wrong) and then I would watch her fax the signed documents to me and then I would notarize them and forward them on to the attorney.

And before you question that method, the attorney approved it.
Just to be clear for folks who might happen upon this, this would NOT be an acceptable way to notarize a document in some states. For example, in California (where I am a notary), that would not fly - the person would generally need to be present (although there are ways around this) and the signature must be an original.

In Maine, both apply.

Indiana allows for teleconference/video conference notarization, but it is in the minority of states (for now) that allow it.
 

LdiJ

Senior Member
Just to be clear for folks who might happen upon this, this would NOT be an acceptable way to notarize a document in some states. For example, in California (where I am a notary), that would not fly - the person would generally need to be present (although there are ways around this) and the signature must be an original.

In Maine, both apply.

Indiana allows for teleconference/video conference notarization, but it is in the minority of states (for now) that allow it.
 

Litigator22

Active Member
I am simply trying to help get information for her so she doesn't have to take as much time off work. Any help in gathering information for her would be appreciated.
There are a number of reasons why its not advisable to be gathering information and acting as a spokesman for another person in this forum. Prominent among them are the risks of misinterpretation and miscommunication. Which are illustrated here from the get go!

Meaning your false premise based upon your misunderstanding and misrepresentation of Maine's Probate Code!. Which DOES NOT preclude your friend from successfully petitioning for her appointment as personal representative of her mother estate simply because more than 3 years have elapsed since her death; to-wit:.

"An informal appointment or a formal testacy or appointment proceeding may be commenced more than 3 years after the decedent's death if no proceeding concerning the succession or estate administration has occurred within the 3-year period after the decedent's death, but the personal representative has no right to possess estate assets as provided in section 3-709 beyond that necessary to confirm title in the successors to the estate, and claims other than expenses of administration may not be presented against the estate. . " (See: MRSA Section 3-108. Probate, testacy and appointment proceedings; ultimate time limit - Subsection D) (Emphasis added)
 

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