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Old 03-03-2014, 19:13   #1
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Help Finding Maine Statute that provides for an Affidavit of Heirship

I'm trying to find the Maine statute that describes the format and content for an Affidavit of Heirship. I received one when I purchased my sailboat, and now the NVDC wants me to provide a copy of the statute to see if the affidavit provided "is in substantial compliance with the law."

I tried searching the excellent website, Maine Constitution, Statutes and Laws, but couldn't find the actual statute that describes an Affidavit of Heirship. I've also searched this site, and this site, and I can't find anything that describes what an Affidavit of Heirship should contain, based on Maine law. I may have to call one of the County Registers of Probate listed here, and ask them, but I'm hoping someone here by chance may know exactly where it is, and can point me to it.

BTW, when you do an internet search for Maine Affidavit of Heirship, you get a bunch of legal forms website that want to sell you an Affidavit of Heirship form. I need the Maine law that describes what it should contain.

Thanks,

Jason
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Old 04-03-2014, 15:04   #2
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

The executor/executrix of the estate that you received an inheritance from should be able to provide that. After all it is their job to follow the law as it is written, and they are paid for their service.
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Old 04-03-2014, 15:17   #3
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

It looks like you are in Maryland. Go to the website for the Maine Bar Association. They should have a lawyer referral service or phone line. Call and ask for a referral to a probate/estate lawyer. Call him/her. Should not take an estate lawyer more than 15 minutes to get you the answer and should not cost you much at all.
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Old 04-03-2014, 18:09   #4
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

Quote:
Originally Posted by Miniyot View Post
The executor/executrix of the estate that you received an inheritance from should be able to provide that. After all it is their job to follow the law as it is written, and they are paid for their service.
YOU do NOT pay them, they are paid from the estate.
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Old 04-03-2014, 18:17   #5
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

Title 18-A: PROBATE CODE
Article 3: PROBATE OF WILLS AND ADMINISTRATION
Part 4: FORMAL TESTACY AND APPOINTMENT PROCEEDINGS

Quote:
3-407. Formal testacy proceedings; burdens in contested cases

In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate. [1979, c. 540, 1 (NEW).]

SECTION HISTORY 1979, c. 540, 1 (NEW).
Title 18-A, 3-407: Formal testacy proceedings; burdens in contested cases



Is this what you seek?


or this?



Quote:
(1). Request an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs; [1979, c. 540, 1 (NEW).]



(2). Contain the statements required for informal applications as stated in the 6 subparagraphs under section 3-301, subsection (a), paragraph (1), and the statements required by section 3-301, subsection (a), paragraph (2), subparagraphs (ii) and (iii); and [1979, c. 540, 1 (NEW).]



(3). State whether the original of the last will of the decedent is in the possession of the court or accompanies the petition. [1979, c. 540, 1 (NEW).]
http://www.mainelegislature.org/legi...Asec3-402.html
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