18-C M.R.S. § 2-506 — ME Code / Title 18-C / Chapter 2 / Section 2-506
18-C §2-506. Revocation by writing or by act
Status: in_force

1. Revocation. A will or any part thereof is revoked: A. By the execution of a subsequent will that revokes the previous will or part expressly or by inconsistency; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. By the performance of a revocatory act on the will, if the testator performs the act with the intent and for the purpose of revoking the will or part or if another individual performs the act in the testator's conscious presence and by the testator's direction. For purposes of this paragraph, "revocatory act on the will" includes burning, tearing, canceling, obliterating or destroying the will or any part of it. A burning, tearing or canceling is a revocatory act on the will, whether or not the burn, tear or cancellation touched any of the words on the will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Intent to replace previous will. If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Presumption of intent to replace. The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Presumption of intent to supplement. The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 8-108 — ME Code / Title 18-C / Chapter 8 / Section 8-108
18-C §8-108. Appointment of receiver for absentee's debts
Status: in_force

If an absentee has left no corporeal property within the State, but there are debts or obligations due or owing the absentee from persons in the State, a petition may be filed as provided in section 8-101 , stating the nature and amount of the absentee's known debts and obligations and praying that a receiver may be appointed. Upon receipt of the petition, the court may issue a notice as provided in section 8-103 without issuing a warrant and may, upon the return of the notice and after a hearing, dismiss the petition or appoint a receiver and authorize and direct the receiver to demand and collect the absentee's debts and obligations. The receiver shall give bond as provided in section 8-105 and shall hold the proceeds of the absentee's debts and obligations and all property received by the receiver and distribute the same as provided in this Part. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-319 — ME Code / Title 18-C / Chapter 5 / Section 5-319
18-C §5-319. Termination or modification of guardianship for adult
Status: in_force

The authority and responsibility of a guardian terminates upon the death of the adult subject to guardianship. The following provisions govern the process for terminating or modifying a guardianship in circumstances other than death of the adult subject to guardianship. [PL 2025, c. 168, §5 (NEW).]

1. Petition for termination or modification. An adult subject to guardianship, the guardian for the adult or a person interested in the welfare of the adult may petition for: A. Termination of the guardianship on the ground that a basis for appointment under section 5‑301 does not exist or termination would be in the best interest of the adult, or for other good cause; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Modification of the guardianship on the ground that the extent of protection or assistance granted is not appropriate, or for other good cause. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Hearing. The court shall conduct a hearing to determine whether termination or modification of a guardianship of an adult is appropriate on: A. Petition under subsection 1 that contains allegations that, if true, would support a reasonable belief that termination or modification of the guardianship may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed within the preceding 6 months; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Communication from the adult, the guardian or a person interested in the welfare of the adult that supports a reasonable belief that termination or modification of the guardianship may be appropriate, including because of a change in the functional needs of the adult or supports or services available to the adult; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. A report from a guardian or conservator that indicates that termination or modification may be appropriate because the functional needs of the adult or supports or services available to the adult have changed or a protective arrangement instead of guardianship or other less restrictive alternatives for meeting the adult's needs are available; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. A determination by the court that a hearing would be in the best interest of the adult. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Notice. Notice of a petition under subsection 2, paragraph A must be given to the adult subject to guardianship, the guardian and such other persons as the court determines. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Termination. On presentation of prima facie evidence for termination of a guardianship for an adult, the court shall order termination unless it is proven that the basis for appointment of a guardian under section 5‑301 is satisfied. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Modification. The court shall modify the powers granted to a guardian for an adult if the powers are excessive or inadequate due to a change in the abilities or limitations of the adult, the adult's supports or services or other circumstances. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

6. Procedure. Unless the court otherwise orders for good cause, before terminating or modifying a guardianship for an adult, the court shall follow the same procedures to safeguard the rights of the adult that apply to a petition for guardianship. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

7. Attorney for the adult. An adult subject to guardianship who seeks to terminate or modify the terms of the guardianship has a right to choose an attorney to represent the adult in this matter. If the adult is not represented by an attorney, the court shall appoint an attorney under the same conditions as in section 5‑305 . The court shall award reasonable attorney's fees to the attorney for the adult as provided in section 5‑119 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-207 — ME Code / Title 18-C / Chapter 2 / Section 2-207
18-C §2-207. Surviving spouse's property and nonprobate transfers to others
Status: in_force

1. Included property. Except to the extent included in the augmented estate under section 2‑204 or 2‑206 , the value of the augmented estate includes the value of: A. Property that was owned by the decedent's surviving spouse at the decedent's death, including: (1) The surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship; (2) The surviving spouse's ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and (3) Property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead allowance, family allowance, exempt property or payments under the federal Social Security system; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under subsection 1, paragraph A , subparagraph (1) or (2), had the spouse been the decedent. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Time of valuation. Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of subsection 1, paragraph A , subparagraphs (1) and (2), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of subsection 1, paragraph B , proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under section 2‑205, subsection 1, paragraph D are not valued as if the spouse were deceased. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Reduction for enforceable claims. The value of property included under this section is reduced by enforceable claims against the surviving spouse. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 1-509 — ME Code / Title 18-C / Chapter 1 / Section 1-509
18-C §1-509. Records in case of vacancy
Status: in_force

When there is a vacancy in the office of register and the office's records are incomplete, the records may be completed and certified by the person appointed to act as register or by the register's successor. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 105 — ME Code / Title 18-B / Part 1 / Chapter 1 / Section 105
18-B §105. Default and mandatory rules
Status: in_force

1. Code governs. Except as otherwise provided in the terms of the trust, this Code governs the duties and powers of a trustee, relations among trustees and the rights and interests of a beneficiary. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Terms prevail; exceptions. The terms of a trust prevail over any provision of this Code except: A. The requirements for creating a trust; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. Subject to the Maine Uniform Directed Trust Act, the duty of a trustee to act in good faith and in accordance with the purposes of the trust; [PL 2019, c. 301, §2 (AMD).] C. The requirement that a trust and its terms be for the benefit of its beneficiaries and that the trust have a purpose that is lawful, not contrary to public policy and possible to achieve; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] D. The power of the court to modify or terminate a trust under sections 410 to 416 ; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] E. The effect of a spendthrift provision and the rights of certain creditors and assignees to reach a trust as provided in chapter 5 ; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] F. The power of the court under section 702 to require, dispense with, modify or terminate a bond; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] G. The power of the court under section 708, subsection 2 to adjust a trustee's compensation specified in the terms of the trust that is unreasonably low or high; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] H. Subject to subsection 3 , the duty under section 813, subsection 2, paragraphs B and C to notify current beneficiaries of an irrevocable trust who have attained 25 years of age of the existence of the trust, of the identity of the trustee and of their right to request trustee's reports; [PL 2011, c. 42, §2 (AMD).] I. Subject to subsection 3 , the duty under section 813, subsection 1 to respond to the request of a current beneficiary of an irrevocable trust for trustee's reports and other information reasonably related to the administration of a trust; [PL 2011, c. 42, §3 (AMD).] J. The effect of an exculpatory term under section 1008 ; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] K. The rights under sections 1010 to 1013 of a person other than a trustee or beneficiary; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] L. Periods of limitation for commencing a judicial proceeding; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] M. The power of the court to take such action and exercise such jurisdiction as may be necessary in the interests of justice; and [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] N. The subject matter jurisdiction of the court and venue for commencing a proceeding as provided in sections 203 and 204 . [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2019, c. 301, §2 (AMD).]

3. Waiver or modification. The settlor, in the trust instrument or in another writing delivered to the trustee, may waive or modify one or more of the duties of a trustee under section 813, subsections 1 , 2 and 3 to give notice, information and reports to qualified beneficiaries in either or both of the following ways: A. Waiving or modifying such duties as to all qualified beneficiaries except the settlor's surviving spouse during the lifetime of the settlor or the lifetime of the settlor's surviving spouse; and [PL 2005, c. 184, §6 (NEW).] B. With respect to one or more of the current beneficiaries as to whom the settlor has waived or modified such duties, designating a person or persons, any of whom may or may not be a beneficiary, to act in good faith to protect the interests of the current beneficiaries who are not receiving notice, information or reports and to receive any notice, information or reports required under section 813, subsection 1 , 2 or 3 in lieu of providing such notice, information or reports to the current beneficiaries. The person or persons designated under this paragraph are deemed to be representatives of the current beneficiaries not receiving notice, information or reports for the purposes of the time limitation for a beneficiary to commence an action against the trustee for breach of trust as provided in section 1005, subsection 1 . [PL 2017, c. 349, §1 (AMD).] [PL 2017, c. 349, §1 (AMD).]
18-C M.R.S. § 3-1001 — ME Code / Title 18-C / Chapter 3 / Section 3-1001
18-C §3-1001. Formal proceedings terminating administration; testate or intestate; order of general protection
Status: in_force

1. Formal proceedings terminating administration. A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time and any other interested person may petition after one year from the appointment of the original personal representative except that no petition under this section may be entertained until the time for presenting claims that arose prior to the death of the decedent has expired. The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs and to adjudicate the final settlement and distribution of the estate. After notice to all interested persons and hearing, the court may enter an order or orders on appropriate conditions, determining the persons entitled to distribution of the estate and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Omitted parties. If one or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under this section, and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding constitutes prima facie proof of due execution of any will previously admitted to probate or of the fact that the decedent left no valid will if the prior proceedings determined this fact. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 9-403 — ME Code / Title 18-C / Chapter 9 / Section 9-403
18-C §9-403. Administration
Status: in_force

1. Written agreement before final decree; exceptions; reduction in payments. A written agreement between an applicant entering into the program and the department must precede the final decree of adoption, except that an application may be filed subsequent to the finalization of the adoption if there were facts relevant to the child's eligibility that were not presented at the time of the request for assistance or if the child was eligible for participation in the program at the time of placement and the adoptive parents were not informed of the program. Except as provided by section 9‑401, subsection 8 , once an adoption assistance payment is agreed upon and the agreement signed by the prospective adoptive parents, the department may not reduce the adoption assistance payment amounts. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Annual determination. [PL 2023, c. 567, §1 (RP).]

3. Transfer to legal guardian; new agreement. Upon the death of all adoptive parents, adoption assistance under the program may be transferred to the legal guardian as long as the child continues to be eligible for adoption assistance pursuant to the terms of the most recent adoption assistance agreement with the adoptive parents. The department shall enter into a new assistance agreement with the legal guardian. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 1-502 — ME Code / Title 18-C / Chapter 1 / Section 1-502
18-C §1-502. Condition of bond
Status: in_force

A register's bond is conditioned on the register's accounting, according to law, for all fees received by or payable to the register by virtue of the office and the register's paying the fees to the county treasurer by the 15th day of each month following the month in which the fees were collected, as provided by law; the register's keeping, seasonably and in good order, the records of the court; the register's making and keeping correct and convenient indices of the records; and the register's faithfully discharging all other duties of the office. If a register forfeits the register's bond, the register is disqualified from holding office. The register's failure to complete the register's records for more than 6 months at any time, except in cases of sickness or extraordinary casualty, constitutes a forfeiture. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 2117 — ME Code / Title 18-B / Part 2 / Chapter 21 / Section 2117
18-B §2117. Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [PL 2019, c. 301, §8 (NEW).]
18-B M.R.S. § 410 — ME Code / Title 18-B / Part 1 / Chapter 4 / Section 410
18-B §410. Modification or termination of trust; proceedings for approval or disapproval
Status: in_force

1. Termination. In addition to the methods of termination prescribed by sections 411 through 414 , a trust terminates to the extent the trust is revoked or expires pursuant to its terms, no purpose of the trust remains to be achieved or the purposes of the trust have become unlawful, contrary to public policy or impossible to achieve. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Modification or termination proceeding. A proceeding to approve or disapprove a proposed modification or termination under sections 411 to 416 , or trust combination or division under section 417 , may be commenced by a trustee or beneficiary, and a proceeding to approve or disapprove a proposed modification or termination under section 411 may be commenced by the settlor. The settlor of a charitable trust may maintain a proceeding to modify the trust under section 413 . [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 5-426 — ME Code / Title 18-C / Chapter 5 / Section 5-426
18-C §5-426. Protection of person dealing with conservator
Status: in_force

1. Protection of 3rd party. A person that assists or deals with a conservator in good faith and for value in any transaction, other than one requiring a court order under section 5-414 , is protected as though the conservator properly exercised the power in question. Knowledge by a person that the person is dealing with a conservator does not alone require the person to inquire into the existence of the authority of the conservator or the propriety of the conservator's exercise of authority, but restrictions on authority that are stated in letters of office, or as otherwise provided by law, are effective as to the person. A person that pays or delivers property to a conservator is not responsible for proper application of the property. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Application of protection. Protection under subsection 1 extends to a procedural irregularity or jurisdictional defect in the proceeding leading to the issuance of letters of office and is not a substitute for protection provided to a person that assists or deals with a conservator by comparable provisions in law of this State other than this Act relating to commercial transactions or simplifying transfers of securities by fiduciaries. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-921 — ME Code / Title 18-C / Chapter 5 / Section 5-921
18-C §5-921. Principles of law and equity
Status: in_force

Unless displaced by a provision of this Part, the principles of law and equity supplement this Part. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-913 — ME Code / Title 18-C / Chapter 3 / Section 3-913
18-C §3-913. Distributions to trustee
Status: in_force

1. Personal representative authority to require bond. If the trust instrument does not excuse the trustee from giving bond, the personal representative may petition the appropriate court to require that the trustee post bond if the personal representative apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves, and the personal representative may withhold distribution until the court has acted. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Personal representative not negligent for failing to require bond. An inference of negligence on the part of the personal representative may not be drawn from the personal representative's failure to exercise the authority conferred by subsection 1 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 9-204 — ME Code / Title 18-C / Chapter 9 / Section 9-204
18-C §9-204. Termination of parental rights
Status: in_force

1. Petition for termination; adoption petition brought solely by parent. A petition for termination of parental rights may be brought in the court in which a petition for adoption is properly filed as part of that petition for adoption. A petition for termination of parental rights may not be included as part of a petition for adoption brought solely by another parent of the child unless the adoption is sought to confirm the parentage status of the petitioning parent. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Title 22, chapter 1071, subchapter 6 applies. Except as otherwise provided by this section, a termination of parental rights petition is subject to the provisions of Title 22, chapter 1071, subchapter 6. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Grounds for termination. The court may order termination of parental rights if: A. The parent consents to the termination after a judge has fully explained the effects of a termination order and the consent is written and voluntarily and knowingly executed in court before a judge; or [PL 2019, c. 664, Pt. B, §1 (AMD).] B. The court finds, based on clear and convincing evidence, that: (1) Termination is in the best interest of the child; and (2) Either: (a) The parent is unwilling or unable to protect the child from jeopardy, as defined by Title 22, section 4002, subsection 6 , and these circumstances are unlikely to change within a time that is reasonably calculated to meet the child's needs; (b) The parent has been unwilling or unable to take responsibility for the child within a time that is reasonably calculated to meet the child's needs; or (c) The parent has abandoned the child, as described in Title 22, section 4002, subsection 1‑A . [PL 2019, c. 664, Pt. B, §1 (AMD).] [PL 2019, c. 664, Pt. B, §1 (AMD).]

3-A. Required findings. The court shall make specific written findings addressing the standards in subsection 3, paragraph B and the court shall consider the following: A. With respect to subsection 3, paragraph B , subparagraph (1), the background and qualities of a prospective adoptive parent who is not already the parent of the child; and [PL 2019, c. 664, Pt. B, §2 (NEW).] B. With respect to subsection 3, paragraph B , subparagraph (2), the extent to which the parent who is the subject of the petition had opportunities to rehabilitate and to reunify with the child or to maintain a relationship with the child, including actions by the child's other parent to foster or to interfere with a relationship between the parent and the child or services provided by public or nonprofit entities. [PL 2019, c. 664, Pt. B, §2 (NEW).] [PL 2019, c. 664, Pt. B, §2 (NEW).]

4. Guardian ad litem for child. The court may appoint a guardian ad litem for a child who is the subject of a petition for termination of parental rights under subsection 1 . The appointment must be made as soon as possible after the petition for termination of parental rights is initiated. A. The court shall pay reasonable costs and expenses for the guardian ad litem. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. In general, the guardian ad litem shall act in pursuit of the best interest of the child. The guardian ad litem must be given access to all reports and records relevant to the case and investigate to ascertain the facts. The investigation must include, when possible and appropriate: (1) Reviewing records of psychiatric, psychological or physical examinations of the child, parents or other persons having or seeking care or custody of the child; (2) Review of relevant school records and other pertinent materials; (3) Interviewing the child with or without other persons present; and (4) Interviews with parents, guardians, teachers and other persons who have been involved in caring for or treating the child. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] The guardian ad litem may subpoena, examine and cross-examine witnesses and shall make recommendations to the court. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 8-301 — ME Code / Title 18-C / Chapter 8 / Section 8-301
18-C §8-301. Time of taking effect; provisions for transition
Status: in_force

1. Effective date. This Code takes effect on September 1, 2019. [PL 2019, c. 417, Pt. A, §103 (AMD).]

2. Applicability. Except as provided elsewhere in this Code, on the effective date of this Code: A. The Code applies to any wills of decedents who die on or after the effective date; [PL 2019, c. 598, §7 (AMD); PL 2019, c. 598, §12 (AFF).] A-1. The intestate succession provisions of Article 2, Part 1, Subpart 1 , the elective share provisions of Article 2, Part 2, the exempt property and allowances provisions of Article 2, Part 4 and the wrongful death provisions of section 2‑807 apply to the estates of decedents who die on or after the effective date; [PL 2021, c. 4, §6 (AMD).] B. The Code applies to any proceedings in court pending on the effective date or commenced on or after the effective date regardless of the time of the death of the decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this Code; [PL 2019, c. 598, §9 (AMD).] C. Every personal representative appointed prior to September 1, 2019 continues to hold the appointment but has only the powers conferred by this Code and is subject to the duties imposed with respect to any act occurring or done on or after the effective date, and a guardian or conservator appointed prior to September 1, 2019 has the powers conferred by this Code on guardians and conservators, unless otherwise limited by the original order of appointment or subsequent court order under this Code; [PL 2019, c. 598, §10 (AMD).] D. An act done before September 1, 2019 in any proceeding and any accrued right is not impaired by this Code. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time that has commenced to run by the provisions of any statute before September 1, 2019, the provisions remain in force with respect to that right; [PL 2019, c. 417, Pt. A, §103 (AMD).] E. Any rule of construction or presumption provided in this Code applies to instruments executed and multiple party accounts opened before September 1, 2019 unless there is a clear indication of a contrary intent; and [PL 2019, c. 417, Pt. A, §103 (AMD).] F. For an adoption decree entered before January 1, 1981 and not amended after January 1, 1981, the child is the child of both the former and adopting parents for purposes of intestate succession, notwithstanding section 2‑117 , unless the decree provides otherwise. [PL 2019, c. 598, §11 (AMD); PL 2019, c. 598, §12 (AFF).] [PL 2021, c. 4, §6 (AMD).]
18-B M.R.S. § 2107 — ME Code / Title 18-B / Part 2 / Chapter 21 / Section 2107
18-B §2107. Limitations on trust director
Status: in_force

A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under section 2106, subsection 2, paragraph A regarding: [PL 2019, c. 301, §8 (NEW).]

1. Medicaid payback provision. A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the federal Social Security Act, 42 United States Code, Section 1396p(d)(4)(A); and [PL 2019, c. 301, §8 (NEW).]

2. Charitable interest. A charitable interest in the trust, including notice regarding the interest to the Attorney General. [PL 2019, c. 301, §8 (NEW).]
18-C M.R.S. § 3-907 — ME Code / Title 18-C / Chapter 3 / Section 3-907
18-C §3-907. Distribution in kind; evidence
Status: in_force

If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring or releasing the assets to the distributee as evidence of the distributee's title to the property. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-601 — ME Code / Title 18-C / Chapter 3 / Section 3-601
18-C §3-601. Qualification
Status: in_force

Prior to receiving letters, a personal representative must qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 1009 — ME Code / Title 18-B / Part 1 / Chapter 10 / Section 1009
18-B §1009. Beneficiary's consent, release or ratification
Status: in_force

A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach or ratified the transaction constituting the breach, unless: [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

1. Induced by improper conduct. The consent, release or ratification of the beneficiary was induced by improper conduct of the trustee; or [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Beneficiary did not know rights. At the time of the consent, release or ratification, the beneficiary did not know of the beneficiary's rights or of the material facts relating to the breach. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 5-931 — ME Code / Title 18-C / Chapter 5 / Section 5-931
18-C §5-931. Authority that requires specific grant; grant of general authority
Status: in_force

1. Specific grant of authority required. An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: A. Create, amend, revoke or terminate an inter vivos trust; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Make a gift; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Create or change rights of survivorship; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. Create or change a beneficiary designation. The authority under this paragraph, unless otherwise expressly limited in the power of attorney, includes the authority to create, change or revoke a transfer on death deed as defined in section 6‑402, subsection 6 ; [PL 2019, c. 598, §6 (AMD).] E. Delegate authority granted under the power of attorney; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] G. Exercise fiduciary powers that the principal has authority to delegate; [PL 2019, c. 417, Pt. A, §100 (AMD).] H. Disclaim property, including a power of appointment; and [PL 2019, c. 417, Pt. A, §100 (AMD).] I. Exercise authority over the content of an electronic communication of the principal in accordance with the Maine Revised Uniform Fiduciary Access to Digital Assets Act. [PL 2019, c. 417, Pt. A, §101 (NEW).] [PL 2019, c. 598, §6 (AMD).]

2. Limitation on creating interest in principal's property. Notwithstanding a grant of authority to do an act described in subsection 1 , unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, domestic partner or descendant of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise. [PL 2021, c. 567, §14 (AMD).]

3. General authority. Subject to subsections 1 , 2 , 4 and 5 , if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in sections 5‑934 to 5‑946 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Authority to make a gift. Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 5‑947 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Overlapping subjects. Subject to subsections 1 , 2 and 4 , if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

6. Authority with respect to principal's property. Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this State and whether or not the authority is exercised or the power of attorney is executed in this State. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

7. Act pursuant to power of attorney. An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-1203 — ME Code / Title 18-C / Chapter 3 / Section 3-1203
18-C §3-1203. Small estates; summary administrative procedure
Status: in_force

If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled to the estate and file a closing statement as provided in section 3-1204 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-701 — ME Code / Title 18-C / Chapter 3 / Section 3-701
18-C §3-701. Time of accrual of duties and powers
Status: in_force

The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed that are beneficial to the estate occurring prior to appointment the same effect as those occurring after appointment. Subject to the priorities of Title 22, section 2843-A , prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 413 — ME Code / Title 18-B / Part 1 / Chapter 4 / Section 413
18-B §413. Cy pres
Status: in_force

1. Charitable purpose becomes unlawful, impracticable, impossible to achieve or wasteful. Except as otherwise provided in subsection 2 , if a particular charitable purpose of a trust becomes unlawful, impracticable, impossible to achieve or wasteful: A. The trust does not fail, in whole or in part; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. The trust property does not revert to the settlor or the settlor's successors in interest; and [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] C. The court may apply cy pres to modify or terminate the trust by directing that the trust property be applied or distributed, in whole or in part, in a manner consistent with the settlor's charitable purposes. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Noncharitable beneficiary. A provision in the terms of a charitable trust that would result in distribution of the trust property to a noncharitable beneficiary prevails over the power of the court under subsection 1 to apply cy pres to modify or terminate the trust only if, when the provision takes effect: A. The trust property is to revert to the settlor and the settlor is still living; or [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. Fewer than 50 years have elapsed since the date of the trust's creation. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 6-311 — ME Code / Title 18-C / Chapter 6 / Section 6-311
18-C §6-311. Application of Part
Status: in_force

This Part applies to registrations of securities in beneficiary form made before, on or after September 1, 2019 by decedents dying on or after September 1, 2019. [PL 2019, c. 417, Pt. B, §8 (AMD).]
18-C M.R.S. § 2-405 — ME Code / Title 18-C / Chapter 2 / Section 2-405
18-C §2-405. Source, determination and documentation
Status: in_force

If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead and exempt property. Subject to this restriction, the surviving spouse, the guardians of minor children or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make these selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $27,000 or periodic installments not exceeding $2,250 per month for one year, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or any interested person aggrieved by any selection, determination, payment, proposed payment or failure to act under this section may petition the court for appropriate relief, which relief may include a family allowance other than that which the personal representative determined or could have determined. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 10-117 — ME Code / Title 18-C / Chapter 10 / Section 10-117
18-C §10-117. Uniformity of application and construction
Status: in_force

In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [PL 2019, c. 417, Pt. A, §107 (NEW).]
18-B M.R.S. § 1201 — ME Code / Title 18-B / Part 1 / Chapter 12 / Section 1201
18-B §1201. Short title
Status: in_force

This Act may be known and cited as "the Maine Uniform Trust Decanting Act." Any references in this chapter to "Act" mean "the Maine Uniform Trust Decanting Act." [PL 2021, c. 235, §1 (NEW).]
18-B M.R.S. § 904 — ME Code / Title 18-B / Part 1 / Chapter 9 / Section 904
18-B §904. Duties at inception of trusteeship
Status: in_force

Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee shall review the trust assets and make and implement decisions concerning the retention and disposition of assets in order to bring the trust portfolio into compliance with the purposes, terms, distribution requirements and other circumstances of the trust and with the requirements of this chapter. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 3-309 — ME Code / Title 18-C / Chapter 3 / Section 3-309
18-C §3-309. Informal appointment proceedings; register not satisfied
Status: in_force

If the register is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 3‑307 and 3‑308 , or for any other reason, the register may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-804 — ME Code / Title 18-C / Chapter 3 / Section 3-804
18-C §3-804. Manner of presentation of claims
Status: in_force

Claims against a decedent's estate may be presented as described in this section. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Written statement of claim. The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the register. The claim is deemed presented on the first to occur of receipt of the written statement of claim by the personal representative or the filing of the claim with the court. If a claim is not yet due, the date when it will become due must be stated. If the claim is contingent or unliquidated, the nature of the uncertainty must be stated. If the claim is secured, the security must be described. Failure to describe correctly the security, the nature of any uncertainty and the due date of a claim not yet due does not invalidate the presentation made. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Proceeding on claim. The claimant may commence a proceeding against the personal represensative in any court where the personal representative may be subjected to jurisdiction to obtain payment of the claimant's claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent that were pending at the time of death. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Time limit for proceeding after disallowance. If a claim is presented under subsection 1 , no proceeding on the claim may be commenced more than 60 days after the personal representative has mailed a notice of disallowance; but, in the case of a claim that is not presently due or that is contingent or unliquidated, the personal representative may consent to an extension of the 60-day period or, to avoid injustice, the court on petition may order an extension of the 60-day period, but in no event may the extension run beyond the applicable statute of limitations. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Presenting claims before administration. When a decedent's estate has not been commenced at the time a claimant wishes to present a claim, a claim is deemed presented when the claimant files with the register a written statement of claim meeting the requirements of subsection 1 and a demand for notice pursuant to section 3-204 . The provisions of subsection 3 apply upon the appointment of a personal representative. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 1226 — ME Code / Title 18-B / Part 1 / Chapter 12 / Section 1226
18-B §1226. Obligations
Status: in_force

A debt, liability or other obligation enforceable against property of a first trust is enforceable to the same extent against the property when held by the 2nd trust after exercise of the decanting power. [PL 2021, c. 235, §1 (NEW).]
18-B M.R.S. § 1006 — ME Code / Title 18-B / Part 1 / Chapter 10 / Section 1006
18-B §1006. Reliance on trust instrument
Status: in_force

A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 5-906 — ME Code / Title 18-C / Chapter 5 / Section 5-906
18-C §5-906. Validity of power of attorney
Status: in_force

1. Executed on or after September 1, 2019. A power of attorney executed in this State on or after September 1, 2019 is valid if its execution complies with section 5-905 . [PL 2019, c. 417, Pt. B, §6 (AMD).]

2. Executed on or after July 1, 2010 but before September 1, 2019. A power of attorney executed on or after July 1, 2010 but before September 1, 2019 is valid if its execution complied with former Title 18-A, section 5-906 . [PL 2019, c. 417, Pt. B, §6 (AMD).]

3. Executed before July 1, 2010. A power of attorney executed in this State before July 1, 2010 is valid if its execution complied with the law of this State as it existed at the time of execution. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Executed other than in this State. A power of attorney executed other than in this State is valid in this State if, when the power of attorney was executed, the execution complied with: A. The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 5-907 ; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The requirements for a military power of attorney pursuant to 10 United States Code, Section 1044b, as amended. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Defective notice. A power of attorney executed in this State is valid and enforceable 2 years after execution if the notice required by section 5-905, subsection 2 or the former Title 18-A, section 5-905, subsection (b) is included but is incomplete or defective in any respect. [PL 2019, c. 598, §5 (AMD).]

6. Copy. Except as otherwise provided by statute other than this Part, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-112 — ME Code / Title 18-C / Chapter 5 / Section 5-112
18-C §5-112. Effect of death, removal or resignation of guardian or conservator
Status: in_force

1. Termination. Appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator or when the court approves a resignation of the guardian or conservator under subsection 2 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Petition to resign; approval. A guardian or conservator must petition the court to resign. The petition may include a request that the court appoint a successor. Resignation of a guardian or conservator is effective on the date the resignation is approved by the court. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Liability. Death, removal or resignation of a guardian or conservator does not affect liability for a previous act or the obligation to account for an action taken on behalf of the individual subject to guardianship or conservatorship or to account for the individual's money or other property. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 6-415 — ME Code / Title 18-C / Chapter 6 / Section 6-415
18-C §6-415. Disclaimer
Status: in_force

A beneficiary may disclaim all or part of the beneficiary's interest as provided by Article 2, Part 9 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 505 — ME Code / Title 18-B / Part 1 / Chapter 5 / Section 505
18-B §505. Creditor's claim against settlor
Status: in_force

1. Creditor's claims. Whether or not the terms of a trust contain a spendthrift provision, the following rules apply. A. During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. With respect to an irrevocable trust, a creditor or assignee of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit. If a trust has more than one settlor, the amount the creditor or assignee of a particular settlor may reach may not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] C. After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor's death is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains, and statutory allowances to a surviving spouse and children to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses and allowances. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Holder of power. For purposes of this section: A. During the period the power may be exercised, the holder of a power of withdrawal is treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power; and [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. Upon the lapse, release or waiver of the power, the holder is treated as the settlor of the trust only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in the federal Internal Revenue Code of 1986, Section 2041(b)(2) or 2514(e) or the federal Internal Revenue Code of 1986, Section 2503(b), in each case as in effect on July 1, 2005, or as later amended. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 5-712 — ME Code / Title 18-C / Chapter 5 / Section 5-712
18-C §5-712. Individuals subject to guardianship; guardian ad litem costs
Status: in_force

1. Guardian ad litem, other special costs. The costs of the guardian ad litem or any other special costs may be paid by the Department of Health and Human Services, within the limits of the department's budget, when: A. A person is in need of protective services and: (1) A guardian ad litem is appointed under the provisions of this Code; or (2) A court incurs special costs in a proceeding concerning the person; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Appointment of a public guardian or conservator is sought or the person, within 3 months prior to the filing of the petition: (1) Is or has been a client of the Department of Health and Human Services; or (2) Has received services from a worker from the Department of Health and Human Services. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Payment of costs. The Department of Health and Human Services is not liable for the costs set out in subsection 1 if the department can demonstrate that the person has assets against which the costs may be assessed or that another more appropriate funding source is available and subject to the court's jurisdiction. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 404 — ME Code / Title 18-B / Part 1 / Chapter 4 / Section 404
18-B §404. Trust purposes
Status: in_force

A trust may be created only to the extent its purposes are lawful, not contrary to public policy and possible to achieve. A trust and its terms must be for the benefit of its beneficiaries. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 5-121 — ME Code / Title 18-C / Chapter 5 / Section 5-121
18-C §5-121. Petition after appointment for instructions or ratification
Status: in_force

1. Petition. A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Instruction or order. On notice and hearing on a petition under subsection 1 , the court may give an appropriate instruction and enter any appropriate order. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 6-307 — ME Code / Title 18-C / Chapter 6 / Section 6-307
18-C §6-307. Ownership on death of owner
Status: in_force

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-708 — ME Code / Title 18-C / Chapter 2 / Section 2-708
18-C §2-708. Class gifts to "descendants," "issue" or "heirs of the body"; form of distribution if none specified
Status: in_force

If a class gift in favor of "descendants," "issue" or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 10-105 — ME Code / Title 18-C / Chapter 10 / Section 10-105
18-C §10-105. Terms of service agreement
Status: in_force

1. Rights of custodian or user not changed or impaired. This Act does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user. [PL 2019, c. 417, Pt. A, §107 (NEW).]

2. No new or expanded rights to fiduciary or designated recipient. This Act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents. [PL 2019, c. 417, Pt. A, §107 (NEW).]

3. Fiduciary's or designated recipient's access may be modified or eliminated. A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law or by a terms of service agreement if the user has not provided direction under section 10-104 . [PL 2019, c. 417, Pt. A, §107 (NEW).]
18-C M.R.S. § 5-420 — ME Code / Title 18-C / Chapter 5 / Section 5-420
18-C §5-420. Inventory; records
Status: in_force

1. Inventory. Not later than 90 days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. [PL 2019, c. 417, Pt. A, §77 (AMD).]

2. Notice of filing of inventory. A conservator shall give notice of the filing of an inventory to the individual subject to conservatorship, all persons entitled to notice under section 5-411, subsection 5 or a subsequent order and other persons as the court determines. The notice must be given not later than 14 days after the filing. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Records. A conservator shall keep records of the administration of the conservatorship estate and make them available for examination on reasonable request of the individual subject to conservatorship, a guardian of the individual or any person as the conservator or the court determines. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-120 — ME Code / Title 18-C / Chapter 5 / Section 5-120
18-C §5-120. Liability of guardian or conservator for act of individual subject to guardianship or conservatorship
Status: in_force

A guardian or conservator is not personally liable to a 3rd person for the act of an individual subject to guardianship or conservatorship solely by reason of the guardianship or conservatorship. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 6-305 — ME Code / Title 18-C / Chapter 6 / Section 6-305
18-C §6-305. Form of registration in beneficiary form
Status: in_force

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-306 — ME Code / Title 18-C / Chapter 3 / Section 3-306
18-C §3-306. Informal probate; notice requirements
Status: in_force

The moving party shall give notice as described by section 1-401 of the moving party's application for informal probate to any person demanding notice pursuant to section 3-204 , to an heir, devisee or personal representative who has not waived notice in a writing filed with the court and to any personal representative of the decedent whose appointment has not been terminated. If the decedent was 55 years of age or older, the moving party shall give notice as described in section 1-401 to the Department of Health and Human Services. Except as provided in section 3-705 , no other notice of informal probate is required. [PL 2019, c. 598, §1 (AMD).]
18-C M.R.S. § 4-303 — ME Code / Title 18-C / Chapter 4 / Section 4-303
18-C §4-303. Service on foreign personal representative
Status: in_force

Service of process may be made upon the foreign personal representative in such manner as the Supreme Judicial Court shall by rule provide. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 602 — ME Code / Title 18-B / Part 1 / Chapter 6 / Section 602
18-B §602. Revocation or amendment of revocable trust
Status: in_force

1. Revocable unless expressly provided. Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before July 1, 2005. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Revocable trust with more than one settlor. If a revocable trust is created or funded by more than one settlor: A. To the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. To the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution; and [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] C. Upon the revocation or amendment of the trust by fewer than all of the settlors, the trustee shall notify the other settlors of the revocation or amendment. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

3. Revoke or amend. The settlor may revoke or amend a revocable trust: A. By substantial compliance with a method provided in the terms of the trust; or [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by: (1) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or (2) Any other method manifesting clear and convincing evidence of the settlor's intent. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

4. Delivery of property after revocation. Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

5. Agent expressly authorized. A settlor's powers with respect to revocation, amendment or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

6. Conservator or guardian of settlor. A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

7. Trustee without knowledge of revocation or amendment. A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 3-613 — ME Code / Title 18-C / Chapter 3 / Section 3-613
18-C §3-613. Successor personal representative
Status: in_force

Parts 3 and 4 of this Article govern proceedings for appointment of a personal representative to succeed a personal representative whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim that was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration that the former personal representative would have had if the appointment had not been terminated. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-508 — ME Code / Title 18-C / Chapter 2 / Section 2-508
18-C §2-508. Revival of revoked will
Status: in_force

1. Subsequent will revoked by revocatory act; wholly revoked previous will. If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under section 2‑506, subsection 1, paragraph B , the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Subsequent will revoked by revocatory act; partly revoked previous will. If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under section 2‑506, subsection 1, paragraph B , a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Subsequent will revoked by later will. If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another, later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-604 — ME Code / Title 18-C / Chapter 3 / Section 3-604
18-C §3-604. Bond amount; security; procedure; reduction
Status: in_force

If bond is required and the provisions of the will or order do not specify the amount, unless stated in the application or petition, the person qualifying shall file a statement under oath with the register indicating that person's best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and that person shall execute and file a bond with the register, or give other suitable security, in an amount not less than the estimate. The register shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property or other adequate security. The register may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution, as defined in section 6-201, subsection 4 , in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties or permit the substitution of another bond with the same or different sureties. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 1-102 — ME Code / Title 18-C / Chapter 1 / Section 1-102
18-C §1-102. Purposes; rule of construction
Status: in_force

1. Liberal construction. This Code must be liberally construed and applied to promote its underlying purposes and policies. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Purposes and policies. The underlying purposes and policies of this Code are to: A. Simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Discover and make effective the intent of a decedent in the distribution of the decedent's property; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to the decedent's successors; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. Facilitate use and enforcement of certain trusts; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. Make uniform the law among the various jurisdictions. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-204 — ME Code / Title 18-C / Chapter 3 / Section 3-204
18-C §3-204. Demand for notice of order or filing concerning decedent's estate
Status: in_force

A person desiring notice of an order or filing pertaining to a decedent's estate in which the person has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent, stating the name of the decedent, the nature of the demandant's interest in the estate and the demandant's address or that of the demandant's attorney. The register shall mail a copy of the demand to the personal representative, if one has been appointed. After filing of a demand, an order or filing to which the demand relates may not be made or accepted without notice as prescribed in section 1-401 to the demandant or the demandant's attorney. The validity of an order that is issued or filing that is accepted without compliance with this requirement is not affected by the error, but the petitioner receiving the order or the person making the filing is liable for any damage caused by the absence of notice. The requirement of notice arising from demand under this provision may be waived in writing by the demandant and ceases upon the termination of the demandant's interest in the estate. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 801 — ME Code / Title 18-B / Part 1 / Chapter 8 / Section 801
18-B §801. Duty to administer trust
Status: in_force

Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries and in accordance with this Code. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 6-408 — ME Code / Title 18-C / Chapter 6 / Section 6-408
18-C §6-408. Capacity of transferor; undue influence of transferor
Status: in_force

1. Capacity. The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Undue influence. In addition to any other criminal or civil causes of action or relief at law or equity, Title 33, chapter 20 applies to transfers under this Part. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 8-104 — ME Code / Title 18-C / Chapter 8 / Section 8-104
18-C §8-104. Publication
Status: in_force

The return day may not be less than 30 days nor more than 60 days after the date of the notice. The court shall order the notice to be published once in each of 3 successive weeks in one or more newspapers within the county in which the petition was filed under section 8-101 and a copy of the notice to be mailed to the last known address of the absentee. The court may order additional and alternative notice to be given within or outside the State. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-116 — ME Code / Title 18-C / Chapter 2 / Section 2-116
18-C §2-116. Effect of a pending petition
Status: in_force

If a petition to establish parentage under Title 19-A, chapter 61 or a petition for adoption under Article 9 is pending and has not been finally adjudicated at the time of the petitioner's death, the subject of the petition is considered a child of the petitioner for intestate succession purposes and may inherit from and through the petitioner. If the subject of the petition dies before a final adjudication of parentage is issued, the petitioner may inherit from or through the subject of the petition only if there is a final adjudication of parentage. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-109 — ME Code / Title 18-C / Chapter 3 / Section 3-109
18-C §3-109. Statutes of limitation on decedent's cause of action
Status: in_force

A statute of limitation running on a cause of action belonging to a decedent that had not been barred as of the date of death does not apply to bar a cause of action surviving the decedent's death sooner than 4 months after death. A cause of action that but for this section would have been barred less than 4 months after death is barred after 4 months unless tolled. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-615 — ME Code / Title 18-C / Chapter 3 / Section 3-615
18-C §3-615. Special administrator; who may be appointed
Status: in_force

1. Named executor, if available. If a special administrator is to be appointed pending the probate of a will that is the subject of a pending application or petition for probate, the person named executor in the will must be appointed if available and qualified. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Any proper person. In cases other than those set out in subsection 1 , any proper person may be appointed special administrator. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 4-201 — ME Code / Title 18-C / Chapter 4 / Section 4-201
18-C §4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
Status: in_force

At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property or of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt or deliver the personal property or the instrument evidencing the debt, obligation, stock or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the domiciliary foreign personal representative's appointment and an affidavit made by or on behalf of the representative stating: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Date of death. The date of the death of the nonresident decedent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. No local administration. That no local administration, or application or petition for local administration, is pending in this State; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Personal representative authority. That the domiciliary foreign personal representative is entitled to payment or delivery. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 507 — ME Code / Title 18-B / Part 1 / Chapter 5 / Section 507
18-B §507. Personal obligations of trustee
Status: in_force

Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 3-411 — ME Code / Title 18-C / Chapter 3 / Section 3-411
18-C §3-411. Formal testacy proceedings; partial intestacy
Status: in_force

If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 809 — ME Code / Title 18-B / Part 1 / Chapter 8 / Section 809
18-B §809. Control and protection of trust property
Status: in_force

A trustee shall take reasonable steps to take control of and protect the trust property. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 3-110 — ME Code / Title 18-C / Chapter 3 / Section 3-110
18-C §3-110. Discovery of property
Status: in_force

1. Examination by court. Upon petition by a county attorney, personal representative, heir, devisee, creditor or other person interested in the estate of a decedent, anyone suspected of having concealed, withheld or conveyed away any property of the decedent, of having fraudulently received any such property, or of aiding others in so doing, may be cited by the court to appear and be examined under oath. The court may require the person to produce for the inspection of the court and parties all documents within the person's control relating to the matter under examination. The time for filing such petitions is governed by section 1-105 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Penalties for refusal. If a person duly cited pursuant to subsection 1 refuses to appear and submit to the court's examination, to answer all lawful interrogatories or to produce the documents ordered, the person is subject to contempt of the court and is liable to any injured party in a civil action for all the damages, expenses and charges arising from such refusal. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 4-205 — ME Code / Title 18-C / Chapter 4 / Section 4-205
18-C §4-205. Powers
Status: in_force

A domiciliary foreign personal representative who has complied with section 4-204 may exercise as to assets in this State all powers of a local personal representative and may maintain actions and proceedings in this State subject to any conditions imposed upon nonresident parties generally. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-809 — ME Code / Title 18-C / Chapter 5 / Section 5-809
18-C §5-809. Health care information
Status: in_force

Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health care information. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 8-112 — ME Code / Title 18-C / Chapter 8 / Section 8-112
18-C §8-112. Compensation; cessation of duties
Status: in_force

The receiver appointed under section 8-108 may receive compensation and disbursements ordered by the court, to be paid out of the absentee's property or proceeds. If, within 8 years after the date of the disappearance or absconding found by the court under section 8-105 , the absentee appears or a personal representative, assignee in insolvency or trustee in bankruptcy of the absentee is appointed, the receiver shall account for, deliver and pay over the remainder of the absentee's property. If the absentee does not appear and claim the absentee's property within 8 years, all of the absentee's right, title and interest in the property, real or personal, or the proceeds thereof, ceases, and no action may be brought by the absentee. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-908 — ME Code / Title 18-C / Chapter 2 / Section 2-908
18-C §2-908. Disclaimer of interest by trustee
Status: in_force

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-109 — ME Code / Title 18-C / Chapter 5 / Section 5-109
18-C §5-109. Effect of acceptance of appointment
Status: in_force

A guardian or conservator that accepts appointment submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 302 — ME Code / Title 18-B / Part 1 / Chapter 3 / Section 302
18-B §302. Representation by holder of general testamentary power of appointment
Status: in_force

To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to the particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default or otherwise, are subject to the power. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 1-801 — ME Code / Title 18-C / Chapter 1 / Section 1-801
18-C §1-801. Commission established
Status: in_force

The Probate and Trust Law Advisory Commission, established in Title 5, section 12004-I, subsection 73-B and referred to in this Part as "the commission," is created for the purpose of conducting a continuing study of the probate and trust laws of the State. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Membership. The commission is composed of 10 members who have experience in practicing probate and trust law or are knowledgeable about probate and trust law. The membership of the commission must include: A. Two Probate Court Judges, appointed by the Chief Justice of the Supreme Judicial Court; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. One Superior Court Justice, appointed by the Chief Justice of the Supreme Judicial Court; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Five members of the trusts and estates law section of the Maine State Bar Association, appointed by the Chief Justice of the Supreme Judicial Court; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. One member representing the interests of older people, appointed by the Governor; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. The Attorney General or the Attorney General's designee. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Terms. A member is appointed for a term of 3 years and may be reappointed. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Vacancies. In the event of the death or resignation of a member, the appointing authority under subsection 1 shall appoint a qualified person for the remainder of the term. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 7-431 — ME Code / Title 18-C / Chapter 7 / Section 7-431
18-C §7-431. When right to income begins and ends
Status: in_force

1. Beginning of income interest. An income beneficiary is entitled to net income from the date on which the income interest begins. An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Asset subject to trust. An asset becomes subject to a trust: A. On the date it is transferred to the trust in the case of an asset that is transferred to a trust during the transferor's life; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. On the date of a testator's death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator's estate; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. On the date of an individual's death in the case of an asset that is transferred to a fiduciary by a 3rd party because of the individual's death. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Successive income interest. An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection 4 , even if there is an intervening period of administration to wind up the preceding income interest. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Ending of income interest. An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to whom a trustee may distribute income. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-801 — ME Code / Title 18-C / Chapter 2 / Section 2-801
18-C §2-801. Effect of divorce, annulment and decree of separation
Status: in_force

1. Divorce; annulment; separation. An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not terminate the status of spouses is not a divorce for purposes of this section. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Not a surviving spouse. For purposes of Parts 1 , 2 , 3 and 4 and of section 3‑203 , a surviving spouse does not include: A. An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if that decree or judgment is not recognized as valid in this State, unless they subsequently participate in a marriage ceremony purporting to marry each to the other, or subsequently live together as spouses; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a 3rd individual; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. An individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 9-102 — ME Code / Title 18-C / Chapter 9 / Section 9-102
18-C §9-102. Definitions
Status: in_force

As used in this Article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Adoptee. "Adoptee" means a person who will be or who has been adopted, regardless of whether the person is a child or an adult. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Adult. "Adult" means a person who is 18 years of age or older. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Child. "Child" means a person who is under 18 years of age. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Consent. "Consent," used as a noun, means a voluntary agreement to an adoption by a specific petitioner that is executed by a parent or custodian of the adoptee. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Department. "Department" means the Department of Health and Human Services. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

6. Licensed child-placing agency. "Licensed child-placing agency" means an agency, person, group of persons, organization, association or society licensed to operate in this State pursuant to Title 22, chapter 1671 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

7. Parent. "Parent" means a person who, with respect to a child: A. Has established parentage pursuant to Title 19-A, chapter 61 ; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. When no person described in paragraph A exists, is the legal guardian of the child. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

8. Petitioner. "Petitioner" means a person filing a petition to adopt an adult or a child, and includes both petitioners under a joint petition, except as otherwise provided in this Article. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

9. Putative parent. "Putative parent" means a person who is the alleged parent of a child but whose parentage has not been but may be legally determined in accordance with Title 19-A, chapter 61 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

10. Surrender and release. "Surrender and release," used as a noun, means a voluntary relinquishment of all parental rights to a child to the department or a licensed child-placing agency for the purpose of placement for adoption. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-308 — ME Code / Title 18-C / Chapter 3 / Section 3-308
18-C §3-308. Informal appointment proceedings; proof and findings required
Status: in_force

1. Informal appointment proceedings; proof and findings required. In informal appointment proceedings, the register shall determine whether: A. The application for informal appointment of a personal representative is complete; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. The applicant appears from the application to be an interested person as defined in section 1-201, subsection 26 ; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. On the basis of the statements in the application, venue is proper; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. Any will to which the requested appointment relates has been formally or informally probated, but this requirement does not apply to the appointment of a special administrator; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. Any notice required by section 3-204 has been given; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] G. From the statements in the application, the person whose appointment is sought has priority entitling the applicant to the appointment. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Denial. Unless section 3-612 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in section 3-610, subsection 3 has been appointed in this or another county of this State; that, unless the applicant is the domiciliary personal representative or the nominee, the decedent was not domiciled in this State and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile; or that other requirements of this section have not been met. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 2110 — ME Code / Title 18-B / Part 2 / Chapter 21 / Section 2110
18-B §2110. Duty to provide information to trust director or trustee
Status: in_force

1. Trustee's duty to provide information. Subject to section 2111 , a trustee shall provide information to a trust director to the extent the information is reasonably related to both: A. The powers or duties of the trustee; and [PL 2019, c. 301, §8 (NEW).] B. The powers or duties of the director. [PL 2019, c. 301, §8 (NEW).] [PL 2019, c. 301, §8 (NEW).]

2. Trust director's duty to provide information. Subject to section 2111 , a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related to both: A. The powers or duties of the director; and [PL 2019, c. 301, §8 (NEW).] B. The powers or duties of the trustee or other director. [PL 2019, c. 301, §8 (NEW).] [PL 2019, c. 301, §8 (NEW).]

3. Trustee acts in reliance. A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct. [PL 2019, c. 301, §8 (NEW).]

4. Trust director acts in reliance. A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct. [PL 2019, c. 301, §8 (NEW).]
18-C M.R.S. § 5-410 — ME Code / Title 18-C / Chapter 5 / Section 5-410
18-C §5-410. Who may be conservator; priorities
Status: in_force

1. Priority for appointment. Except as otherwise provided in subsection 3 , the court in appointing a conservator shall consider persons otherwise qualified in the following order of priority: A. A conservator, other than a temporary or emergency conservator, currently acting for the respondent in another jurisdiction; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. A person nominated as conservator by the respondent, including the respondent's most recent nomination made in a power of attorney for finances; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. An agent appointed by the respondent to manage the respondent's property under a power of attorney for finances; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. A spouse or domestic partner of the respondent; [PL 2019, c. 417, Pt. A, §63 (AMD).] E. [PL 2019, c. 417, Pt. A, §64 (RP).] F. An adult child of the respondent; [PL 2019, c. 417, Pt. A, §65 (NEW).] G. A parent of the respondent or a person nominated in the will of a deceased parent; and [PL 2019, c. 417, Pt. A, §65 (NEW).] H. A family member or other individual who has exhibited special care and concern for the respondent. [PL 2019, c. 417, Pt. A, §65 (NEW).] [PL 2019, c. 417, Pt. A, §§63-65 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Equal priority. With respect to persons having equal priority under subsection 1 , the court shall select as conservator the person the court considers best qualified. In determining the best qualified person, the court shall consider the potential conservator's relationship with the respondent, the potential conservator's skills, the expressed wishes of the respondent, the extent to which the potential conservator and the respondent have similar values and preferences and the likelihood that the potential conservator will be able to satisfy the duties of a conservator successfully. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Appointment based on best interest of respondent. The court, acting in the best interest of the respondent, may decline to appoint as conservator a person having priority under subsection 1 and appoint a person having a lower priority or no priority. In its determination, the court may evaluate whatever factors the court determines appropriate, including comparing the following factors for the person having priority and the potential conservator who has a lower or no priority: relationships with the respondent, the higher priority person's and the potential conservator's skills, the expressed wishes of the respondent and the extent to which the person with higher priority and the potential conservator with lower priority or no priority have similar values and preferences as the respondent and the likelihood that the potential conservator will be able to satisfy the duties of a conservator successfully. [PL 2019, c. 417, Pt. A, §66 (AMD).]

4. Appointment prohibited; exceptions. A person that provides paid services to the respondent, or an individual who is employed by a person that provides paid services to the respondent or is the spouse, domestic partner, parent or child of an individual who provides or is employed to provide paid services to the respondent, may not be appointed as conservator unless: A. The individual is related to the respondent by blood, marriage or adoption; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Long-term health care institution; exceptions. An owner, operator or employee of a long-term health care institution at which the respondent is receiving care may not be appointed as conservator unless the owner, operator or employee is related to the respondent by blood, marriage or adoption. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-713 — ME Code / Title 18-C / Chapter 5 / Section 5-713
18-C §5-713. Limited public guardianships
Status: in_force

The provisions of Parts 2 and 3 regarding limited guardianships apply to the appointment of public guardians. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 6-419 — ME Code / Title 18-C / Chapter 6 / Section 6-419
18-C §6-419. Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 1-601 — ME Code / Title 18-C / Chapter 1 / Section 1-601
18-C §1-601. Costs in contested cases
Status: in_force

In contested probate cases and appeals, costs may be allowed to either party, including reasonable witness fees, costs of depositions, hospital records or medical reports and attorney's fees, to be paid to either or both parties out of the estate in controversy, as justice requires. In cases in which a will is contested on the grounds of undue influence or mental capacity, attorney's fees and costs may not be allowed to a party who unsuccessfully contests the will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 502 — ME Code / Title 18-B / Part 1 / Chapter 5 / Section 502
18-B §502. Spendthrift provision
Status: in_force

1. Restrains voluntary and involuntary transfers. A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Terminology. A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

3. No transfer by beneficiary; creditors and assignees. A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this chapter, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 7-447 — ME Code / Title 18-C / Chapter 7 / Section 7-447
18-C §7-447. Insurance policies and similar contracts
Status: in_force

1. Trust, trustee as beneficiary; allocate to principal. Except as otherwise provided in subsection 2 , a trustee shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust or its trustee is named as beneficiary, including a contract that insures the trust or its trustee against loss for damage to, destruction of or loss of title to a trust asset. The trustee shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income, and to principal if the premiums are paid from principal. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Loss of occupancy, use, income, business profits; allocate to income. A trustee shall allocate to income proceeds of a contract that insures the trustee against loss of occupancy or other use by an income beneficiary, loss of income or, subject to section 7-443 , loss of profits from a business. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Not applicable. This section does not apply to a contract to which section 7-449 applies. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 10-109 — ME Code / Title 18-C / Chapter 10 / Section 10-109
18-C §10-109. Disclosure of content of electronic communications of principal
Status: in_force

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of electronic communications if the agent gives the custodian: [PL 2019, c. 417, Pt. A, §107 (NEW).]

1. Written request. A written request for disclosure in physical or electronic form; [PL 2019, c. 417, Pt. A, §107 (NEW).]

2. Power of attorney. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; [PL 2019, c. 417, Pt. A, §107 (NEW).]

3. Agent's certificate. A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and [PL 2019, c. 417, Pt. A, §107 (NEW).]

4. Information requested by custodian. If requested by the custodian: A. A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or [PL 2019, c. 417, Pt. A, §107 (NEW).] B. Evidence linking the account to the principal. [PL 2019, c. 417, Pt. A, §107 (NEW).] [PL 2019, c. 417, Pt. A, §107 (NEW).]
18 M.R.S. § 4163 — ME Code / Title 18 / Part 5 / Chapter 505 / Section 4163
18 §4163. Limitation
Status: in_force

Sections 4161 , 4162 , 4163‑A or this section shall not be construed to prohibit, permit or affect in any other way the right of a bank or trust company, organized and doing business under the laws of any other state, territory or district than Maine, including a national bank doing business in any other state, to establish in this State a place of business, branch office or agency for the conduct of business as a fiduciary. [PL 1979, c. 690, §1 (REEN).]
18-C M.R.S. § 5-629 — ME Code / Title 18-C / Chapter 5 / Section 5-629
18-C §5-629. Proceedings in more than one state
Status: in_force

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under section 5‑624, subsection 1, paragraph A or B , if a petition for the appointment of a guardian or issuance of a protective order is filed in this State and in another state and neither petition has been dismissed or withdrawn, the following apply. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Jurisdiction proper; proceed with case. If the court in this State has jurisdiction under section 5‑623 , it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 5‑623 before the appointment or issuance of the order. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Lack of jurisdiction; communication with court. If the court in this State does not have jurisdiction under section 5‑623 , whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this State shall dismiss the petition unless the court in the other state determines that the court in this State is a more appropriate forum. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 7-453 — ME Code / Title 18-C / Chapter 7 / Section 7-453
18-C §7-453. Property not productive of income
Status: in_force

1. Income to obtain marital deduction. If a marital deduction is allowed for all or part of a trust whose assets consist substantially of property that does not provide the spouse with sufficient income from or use of the trust assets, and if the amounts that the trustee transfers from principal to income under section 7‑404 and distributes to the spouse from principal pursuant to the terms of the trust are insufficient to provide the spouse with the beneficial enjoyment required to obtain the marital deduction, the spouse may require the trustee to make property productive of income, convert property within a reasonable time or exercise the power conferred by section 7‑404, subsection 1 . The trustee may decide which action or combination of actions to take. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Proceeds otherwise are principal. In cases not governed by subsection 1 , proceeds from the sale or other disposition of an asset are principal without regard to the amount of income the asset produces during any accounting period. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-910 — ME Code / Title 18-C / Chapter 3 / Section 3-910
18-C §3-910. Purchasers from distributees protected
Status: in_force

If property distributed in kind or a security interest in the property is acquired for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is acquired by a purchaser from or lender to a transferee from a distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to the personal representative, as well as a purchaser from or lender to any other distributee or transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution. Any recorded instrument described in this section on which the register of deeds notes by an appropriate stamp "Maine Real Estate Transfer Tax Paid" is prima facie evidence that the transfer was made for value. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 10-116 — ME Code / Title 18-C / Chapter 10 / Section 10-116
18-C §10-116. Custodian compliance and immunity
Status: in_force

1. Disclose or terminate upon request; court order. Not later than 60 days after receipt of the information required under sections 10‑107 to 10‑115 , a custodian shall comply with a request under this Act from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. [PL 2019, c. 417, Pt. A, §107 (NEW).]

2. Finding that compliance not in violation. An order under subsection 1 directing compliance must contain a finding that compliance is not in violation of 18 United States Code, Section 2702. [PL 2019, c. 417, Pt. A, §107 (NEW).]

3. Notification to user. A custodian may notify the user that a request for disclosure or to terminate an account was made under this Act. [PL 2019, c. 417, Pt. A, §107 (NEW).]

4. Denial of request if subsequent lawful access. A custodian may deny a request under this Act from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. [PL 2019, c. 417, Pt. A, §107 (NEW).]

5. Court order. This Act does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this Act to obtain a court order that: A. Specifies that an account belongs to the protected person or principal; [PL 2019, c. 417, Pt. A, §107 (NEW).] B. Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and [PL 2019, c. 417, Pt. A, §107 (NEW).] C. Contains a finding required by law other than this Act. [PL 2019, c. 417, Pt. A, §107 (NEW).] [PL 2019, c. 417, Pt. A, §107 (NEW).]

6. Immunity. A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this Act. [PL 2019, c. 417, Pt. A, §107 (NEW).]
18-C M.R.S. § 10-101 — ME Code / Title 18-C / Chapter 10 / Section 10-101
18-C §10-101. Short title
Status: in_force

This Article may be known and cited as "the Maine Revised Uniform Fiduciary Access to Digital Assets Act." [PL 2019, c. 417, Pt. A, §107 (NEW).]
18-C M.R.S. § 5-938 — ME Code / Title 18-C / Chapter 5 / Section 5-938
18-C §5-938. Banks and other financial institutions
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Banking arrangement by principal. Continue, modify and terminate an account or other banking arrangement made by or on behalf of the principal; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Banking arrangement selected by agent. Establish, modify and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm or other financial institution selected by the agent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Contract for services. Contract for services available from a financial institution, including renting a safe deposit box or space in a vault; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Withdraw property of principal. Withdraw, by check, order, electronic funds transfer or otherwise, money or property of the principal deposited with or left in the custody of a financial institution; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Receive and act on documents. Receive statements of account, vouchers, notices and similar documents from a financial institution and act with respect to them; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

6. Safe deposit box or vault. Enter a safe deposit box or vault and withdraw or add to the contents; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

7. Borrow and pledge as security. Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

8. Negotiable and nonnegotiable paper of the principal. Make, assign, draw, endorse, discount, guarantee and negotiate promissory notes, checks, drafts and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order; transfer money; receive the cash or other proceeds of those transactions; and accept a draft drawn by a person upon the principal and pay it when due; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

9. Receive and act on negotiable and nonnegotiable instruments. Receive for the principal and act upon a sight draft, warehouse receipt or other document of title, whether tangible or electronic, or other negotiable or nonnegotiable instrument; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

10. Letters of credit. Apply for, receive and use letters of credit, credit and debit cards, electronic transaction authorizations and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

11. Extension of time of payment. Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-101 — ME Code / Title 18-C / Chapter 5 / Section 5-101
18-C §5-101. Short title
Status: in_force

Parts 1 , 2 , 3 , 4 and 5 of this Article may be known and cited as "the Maine Uniform Guardianship, Conservatorship and Protective Proceedings Act." [PL 2019, c. 417, Pt. A, §8 (AMD).]
18-B M.R.S. § 1224 — ME Code / Title 18-B / Part 1 / Chapter 12 / Section 1224
18-B §1224. Settlor
Status: in_force

1. Settlor of first trust is settlor of 2nd trust. For purposes of the law of this State other than this Act and subject to subsection 2 , a settlor of a first trust is deemed to be the settlor of the 2nd trust with respect to the portion of the principal of the first trust subject to the exercise of the decanting power. [PL 2021, c. 235, §1 (NEW).]

2. Consideration of intent. In determining settlor intent with respect to a 2nd trust, the intent of a settlor of the first trust, a settlor of the 2nd trust and the authorized fiduciary may be considered. [PL 2021, c. 235, §1 (NEW).]
18-B M.R.S. § 905 — ME Code / Title 18-B / Part 1 / Chapter 9 / Section 905
18-B §905. Reviewing compliance
Status: in_force

Compliance with the prudent investor rule is determined in light of the facts and circumstances existing at the time of a trustee's decision or action and not by hindsight. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 3-812 — ME Code / Title 18-C / Chapter 3 / Section 3-812
18-C §3-812. Execution and levies prohibited
Status: in_force

No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section may not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal property in an appropriate proceeding. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-401 — ME Code / Title 18-C / Chapter 5 / Section 5-401
18-C §5-401. Basis for appointment of conservator
Status: in_force

1. Conservator for minor; findings. On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor, if the court finds by a preponderance of evidence that: A. The minor owns money or property requiring management or protection that otherwise cannot be provided; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Appointment of a conservator is in the best interest of the minor and: (1) If the minor has a parent, the court gives weight to any recommendation of the minor's parent whether an appointment is in the best interest of the minor; and (2) Either: (a) The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or (b) Appointment is necessary or desirable to obtain or provide money needed for the support, care, education, health or welfare of the minor. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Conservator for adult; findings. On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of an adult if the court determines by clear and convincing evidence that: A. The adult is unable to manage property or financial affairs because: (1) Of a limitation in the ability to receive and evaluate information or make or communicate decisions even with the use of appropriate supportive services, technological assistance and supported decision making that provide adequate protection for the respondent; or (2) The adult is missing, detained or unable to return to the United States; [PL 2019, c. 417, Pt. A, §52 (AMD).] B. Appointment is necessary to: (1) Avoid harm to the adult or significant dissipation of the property of the adult; or (2) Obtain or provide money needed for the support, care, education, health or welfare of the adult, or of an individual entitled to the adult's support, and protection is necessary or desirable to obtain or provide money for the purpose; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. The respondent's identified needs cannot be met by less restrictive alternatives. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] In making a determination on a petition under this section, including whether supported decision making or other less restrictive alternatives are appropriate, the court may consider the following factors: any proposed vetting of the person or persons chosen to provide support in decision making; reports to the court by an interested party or parties regarding the effectiveness of an existing supported decision-making arrangement; or any other information the court determines necessary or appropriate to determine whether supportive services, technological assistance, supported decision making, protective arrangements or less restrictive arrangements will provide adequate protection for the respondent. [PL 2019, c. 417, Pt. A, §52 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Powers. The court shall grant a conservator only those powers necessitated by demonstrated limitations and needs of the respondent and enter orders that encourage the development of the respondent's maximum self-determination and independence. The court may not establish a full conservatorship if a limited conservatorship, protective arrangement instead of conservatorship or other less restrictive alternatives would meet the needs of and provide adequate protection for the respondent. [PL 2019, c. 417, Pt. A, §53 (AMD).]
18-C M.R.S. § 6-302 — ME Code / Title 18-C / Chapter 6 / Section 6-302
18-C §6-302. Registration in beneficiary form; sole or joint tenancy ownership
Status: in_force

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by 2 or more individuals with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship and not as tenants in common. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 6-303 — ME Code / Title 18-C / Chapter 6 / Section 6-303
18-C §6-303. Registration in beneficiary form; applicable law
Status: in_force

A security may be registered in beneficiary form if the form is authorized by this Part or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of the registering entity's transfer agent or the registering entity's office making the registration or by this Part or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this Part or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 8-102 — ME Code / Title 18-C / Chapter 8 / Section 8-102
18-C §8-102. Warrant
Status: in_force

Upon receipt of a petition under section 8-101 , the court may issue a warrant, which may run throughout the State, directed to the public administrator in the county where the property or some of it is situated, commanding the public administrator to take possession of the property listed in the schedule and expeditiously make return of the warrant with a schedule of the property taken. The public administrator shall cause any portion of the warrant relating to land to be recorded in the registry of deeds for the county where the land is located. The public administrator is entitled to the fees allowed by the court for serving the warrant, but may not receive more than those established by law for similar service upon a writ of attachment. The fees and the costs of publishing and serving the notice must be paid by the petitioner. If a receiver is appointed under section 8-105 , the fees must be repaid by the receiver to the petitioner and the receiver may be compensated for these fees under section 8-112 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 7-451 — ME Code / Title 18-C / Chapter 7 / Section 7-451
18-C §7-451. Minerals, water and other natural resources
Status: in_force

1. Allocation of receipts. To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows: A. If received as nominal delay rental or nominal annual rent on a lease, a receipt must be allocated to income; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. If received from a production payment, a receipt must be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance must be allocated to principal; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus or delay rental is more than nominal, 90% must be allocated to principal and the balance to income; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. If an amount is received from a working interest or any other interest not provided for in paragraph A , B or C , 90% of the net amount received must be allocated to principal and the balance to income. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Allocation from interest in water. An amount received on account of an interest in water that is renewable must be allocated to income. If the water is not renewable, 90% of the amount must be allocated to principal and the balance to income. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Timing of extractions. This Part applies whether or not a decedent or donor was extracting minerals, water or other natural resources before the interest became subject to the trust. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Pre-2002 ownership. If a trust owns an interest in minerals, water or other natural resources on January 1, 2002, the trustee may allocate receipts from the interest as provided in this Part or in the manner used by the trustee before January 1, 2002. If the trust acquires an interest in minerals, water or other natural resources after January 1, 2002, the trustee shall allocate receipts from the interest as provided in this Part. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 6-418 — ME Code / Title 18-C / Chapter 6 / Section 6-418
18-C §6-418. Optional template for revocation
Status: in_force

The following template may be used to create an instrument of revocation under this Part. This template is not intended to be printed and recorded in its current format. The other sections of this Part govern the effect of this or any other instrument used to revoke a transfer on death deed. REVOCATION OF TRANSFER ON DEATH DEED NOTICE TO OWNER You should carefully read the "Common Questions about the Use of this Template" before using this template to revoke a transfer on death deed. YOU ARE ENCOURAGED TO CONSULT A LAWYER BEFORE USING THIS TEMPLATE. A revocation must be recorded before you die or it will not be effective. A revocation is effective only as to the interests in the property of owners who sign the revocation. IDENTIFYING INFORMATION Owner or Owners of Property Making This Revocation: ............................................................ ............................................................................................ Printed name..........................................Mailing address ............................................................................................ Printed name..........................................Mailing address Legal description of the property: ........................................................................................................................ REVOCATION I revoke all my previous transfers of this property by transfer on death deed. SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION ............................................................ (SEAL, if any)..................................... Signature.................................................Date............... ............................................................ (SEAL, if any)..................................... Signature.................................................Date............... ACKNOWLEDGMENT (insert acknowledgment) COMMON QUESTIONS ABOUT THE USE OF THIS TEMPLATE How do I use this template to revoke a Transfer on Death (TOD) deed? You may use this template to create a revocation but be aware that the registry of deeds of each Maine county has specific requirements for a document to be accepted for recording, including requirements related to the top, bottom and side margins. Have the revocation acknowledged before a notary public or other individual authorized to take acknowledgments. Record the revocation in the public records in the registry of deeds of each county where the property is located. The revocation must be acknowledged and recorded before your death or it has no effect. How do I find the "legal description" of the property? This information may be on the TOD deed. It may also be available in the registry of deeds for the county where the property is located. If you are not absolutely sure, consult a lawyer. What is the proper form for the required acknowledgment of signatures on the revocation? Forms of acknowledgment may be found in Title 33, section 775 of the Maine Revised Statutes. You may also consult a notary public or a lawyer for the proper form of an acknowledgment. How do I "record" the revocation? Take the completed and acknowledged revocation to the registry of deeds of the county where the property is located. Follow the instructions given by the register of deeds to make the revocation part of the official property records. If the property is located in more than one county, you should record the revocation in each of those counties. I am being pressured to revoke a TOD deed. What should I do? Do not revoke a TOD deed under pressure. Seek help from a trusted family member, friend, or lawyer. I have other questions about this template. What should I do? This template is designed to fit some but not all situations. If you have other questions, you are encouraged to consult a lawyer. [PL 2023, c. 4, §16 (AMD).]
18-C M.R.S. § 5-935 — ME Code / Title 18-C / Chapter 5 / Section 5-935
18-C §5-935. Tangible personal property
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Acquire or reject interest in tangible personal property. Demand, buy, receive, accept as a gift or as security for an extension of credit or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Grant or otherwise dispose of interest in tangible personal property. Sell; exchange; convey with or without covenants, representations or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Security interest in tangible personal property. Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Claim to tangible personal property. Release, assign, satisfy or enforce by litigation or otherwise a security interest, lien or other claim on behalf of the principal with respect to tangible personal property or an interest in tangible personal property; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Manage or conserve tangible personal property. Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including: A. Insuring against liability or casualty or other loss; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Obtaining or regaining possession of or protecting the property or interest by litigation or otherwise; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with them; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. Moving the property from place to place; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. Storing the property for hire or on a gratuitous bailment; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. Using and making repairs, alterations or improvements to the property; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] G. Changing the form of title of an interest in tangible personal property. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 903 — ME Code / Title 18-B / Part 1 / Chapter 9 / Section 903
18-B §903. Diversification
Status: in_force

A trustee shall diversify the investments of the trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 5-625 — ME Code / Title 18-C / Chapter 5 / Section 5-625
18-C §5-625. Exclusive and continuing jurisdiction
Status: in_force

Except as otherwise provided in section 5-624 , a court that has appointed a guardian or issued a protective order consistent with this Part has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 6-221 — ME Code / Title 18-C / Chapter 6 / Section 6-221
18-C §6-221. Authority of financial institution
Status: in_force

A financial institution may enter into a contract of deposit for a multiple-party account to the same extent as it may enter into a contract of deposit for a single-party account, and may provide for a POD designation and an agency designation in either a single-party account or a multiple-party account. A financial institution need not inquire as to the source of a deposit to an account or as to the proposed application of a payment from an account. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-303 — ME Code / Title 18-C / Chapter 3 / Section 3-303
18-C §3-303. Informal probate; proof and findings required
Status: in_force

1. Informal probate; proof and findings required. In an informal proceeding for original probate of a will, the register shall determine whether: A. The application is complete; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant's knowledge and belief; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. The applicant appears from the application to be an interested person as defined in section 1‑201, subsection 26 ; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. On the basis of the statements in the application, venue is proper; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. An original, duly executed and apparently unrevoked will is in the register's possession; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. Any notice required by section 3‑204 has been given and the application is not required to be declined under section 3‑304 ; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] G. It appears from the application that the time limit for original probate has not expired. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Denial. The application must be denied if it indicates that a personal representative has been appointed in another county of this State or, except as provided in subsection 4 , if it appears that this or another will of the decedent has been the subject of a previous probate order. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Executed will. A will that appears to have the required signatures and that contains an attestation clause showing that requirements of execution under section 2‑502 or 2‑505 have been met must be probated without further proof. In other cases, the register may assume execution if the will appears to have been properly executed or the register may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Will previously probated elsewhere. Informal probate of a will that has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office of court where it was first probated. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Will from another jurisdiction. A will from a place that does not require probate of a will after death and that is not eligible for probate under subsection 1 may be probated in this State upon receipt by the register of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of that place. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-912 — ME Code / Title 18-C / Chapter 5 / Section 5-912
18-C §5-912. Reimbursement and compensation of agent
Status: in_force

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. The factors set forth in section 3-721, subsection 2 should be considered as guides in determining the reasonableness of compensation under this section. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-403 — ME Code / Title 18-C / Chapter 3 / Section 3-403
18-C §3-403. Formal testacy proceeding; notice of hearing on petition
Status: in_force

1. Notice of hearing on petition for formal probate of a will. Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice must be given in the manner prescribed by section 1-401 by the petitioner to the persons enumerated in this subsection and to any additional person who has filed a demand for notice under section 3-204 . Notice must be given to the following persons: the surviving spouse, children and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated or offered for informal or formal probate in the county or that is known by the petitioner to have been probated or offered for informal or formal probate elsewhere and any personal representative of the decedent whose appointment has not been terminated. If the decedent was 55 years of age or older, the petitioner shall give notice as described in section 1-401 to the Department of Health and Human Services. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Additional notice when death in doubt. If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition must be sent by registered mail to the alleged decedent at the alleged decedent's last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any of the following methods: A. By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. By engaging the services of an investigator. The costs of any search directed by the court must be paid by the petitioner if there is no administration or by the estate of the decedent if there is administration. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 10-110 — ME Code / Title 18-C / Chapter 10 / Section 10-110
18-C §10-110. Disclosure of other digital assets of principal
Status: in_force

Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian: [PL 2019, c. 417, Pt. A, §107 (NEW).]

1. Written request. A written request for disclosure in physical or electronic form; [PL 2019, c. 417, Pt. A, §107 (NEW).]

2. Power of attorney. An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; [PL 2019, c. 417, Pt. A, §107 (NEW).]

3. Agent's certificate. A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and [PL 2019, c. 417, Pt. A, §107 (NEW).]

4. Information requested by custodian. If requested by the custodian: A. A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or [PL 2019, c. 417, Pt. A, §107 (NEW).] B. Evidence linking the account to the principal. [PL 2019, c. 417, Pt. A, §107 (NEW).] [PL 2019, c. 417, Pt. A, §107 (NEW).]
18-B M.R.S. § 108 — ME Code / Title 18-B / Part 1 / Chapter 1 / Section 108
18-B §108. Principal place of administration
Status: in_force

1. Terms of trust controlling. Without precluding other means for establishing a sufficient connection with the designated jurisdiction, terms of a trust designating the principal place of administration are valid and controlling if: A. A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction; or [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. All or part of the administration occurs in the designated jurisdiction. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Duty of trustee. A trustee is under a continuing duty to administer the trust at a place appropriate to its purposes, its administration and the interests of the beneficiaries. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

3. Transfer of place of administration. Without precluding the right of the court to order, approve or disapprove a transfer, the trustee, in furtherance of the duty prescribed by subsection 2 , may transfer the trust's principal place of administration to another state or to a jurisdiction outside of the United States. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

4. Notice of transfer of place of administration. The trustee shall notify the qualified beneficiaries of a proposed transfer of a trust's principal place of administration not less than 60 days before initiating the transfer. The notice of proposed transfer must include: A. The name of the jurisdiction to which the principal place of administration is to be transferred; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] B. The address and telephone number at the new location at which the trustee can be contacted; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] C. An explanation of the reasons for the proposed transfer; [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] D. The date on which the proposed transfer is anticipated to occur; and [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] E. The date, which may not be less than 60 days after the giving of the notice, by which the qualified beneficiary must notify the trustee of an objection to the proposed transfer. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

5. Objection to transfer. The authority of a trustee under this section to transfer a trust's principal place of administration terminates if a qualified beneficiary notifies the trustee of an objection to the proposed transfer on or before the date specified in the notice. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

6. Transfer property to successor trustee. In connection with a transfer of the trust's principal place of administration, the trustee may transfer some or all of the trust property to a successor trustee designated in the terms of the trust or appointed pursuant to section 704 . [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 2-805 — ME Code / Title 18-C / Chapter 2 / Section 2-805
18-C §2-805. Reformation to correct mistakes
Status: in_force

The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 1-309 — ME Code / Title 18-C / Chapter 1 / Section 1-309
18-C §1-309. Judges
Status: in_force

A judge of the court must be chosen and shall serve as provided in Title 4, sections 301 to 312 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 7-462 — ME Code / Title 18-C / Chapter 7 / Section 7-462
18-C §7-462. Disbursements from principal
Status: in_force

1. Required disbursements. A trustee shall make the following disbursements from principal: A. The remaining 1/2 of the disbursements described in section 7‑461, subsections 1 and 2 ; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. All of the trustee's compensation calculated on principal as a fee for acceptance, distribution or termination and disbursements made to prepare property for sale; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Payments on the principal of a trust debt; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. Expenses of a proceeding that concerns primarily principal, including a proceeding to construe the trust or to protect the trust or its property; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. Premiums paid on a policy of insurance not described in section 7‑461, subsection 4 of which the trust is the owner and beneficiary; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. Estate, inheritance and other transfer taxes, including penalties, apportioned to the trust; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] G. Disbursements related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of those activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by 3rd parties and defending claims based on environmental matters. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Encumbered principal asset; transfer to income. If a principal asset is encumbered with an obligation that requires income from that asset to be paid directly to the creditor, the trustee shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 1-803 — ME Code / Title 18-C / Chapter 1 / Section 1-803
18-C §1-803. Duties
Status: in_force

1. Examine, evaluate and recommend. The commission shall: A. Examine this Title and Title 18-B and draft amendments that the commission considers advisable; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Evaluate the operation of this Title and Title 18-B and recommend amendments based on the evaluation; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Examine current laws pertaining to probate and trust laws and recommend changes based on the examination; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. Examine any other aspects of the State's probate and trust laws, including substantive, procedural and administrative matters, that the commission considers relevant. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Propose changes. The commission may propose to the Legislature, at the start of each session, changes in the probate and trust laws and in related provisions that the commission considers appropriate. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 703 — ME Code / Title 18-B / Part 1 / Chapter 7 / Section 703
18-B §703. Cotrustees
Status: in_force

1. Unanimous decision; majority decision. Cotrustees who are unable to reach a unanimous decision may act by majority decision. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Vacancy. If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

3. Participation by cotrustee. Subject to the Maine Uniform Directed Trust Act, a cotrustee shall participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification or other temporary incapacity or the cotrustee has properly delegated the performance of the function to another trustee. [PL 2019, c. 301, §5 (AMD).]

4. Cotrustee unavailable. If a cotrustee is unavailable to perform duties because of absence, illness, disqualification or other temporary incapacity, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

5. Delegation. A trustee may not delegate to a cotrustee the performance of a function the settlor reasonably expected the trustees to perform jointly. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

6. Liability. Except as otherwise provided in subsection 7 , a trustee who does not join in an action of another trustee is not liable for the action. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

7. Reasonable care. Subject to the Maine Uniform Directed Trust Act, each trustee shall exercise reasonable care to: A. Prevent a cotrustee from committing a serious breach of trust; and [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF); PL 2003, c. 618, Pt. A, §2 (AFF).] B. Compel a cotrustee to redress a serious breach of trust. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF); PL 2003, c. 618, Pt. A, §2 (AFF).] [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2019, c. 301, §6 (AMD); PL 2003, c. 618, Pt. A, §2 (AFF).]

8. Dissenting trustee. A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified in writing any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 6-401 — ME Code / Title 18-C / Chapter 6 / Section 6-401
18-C §6-401. Short title
Status: in_force

This Part may be known and cited as "the Uniform Real Property Transfer on Death Act." [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 1-505 — ME Code / Title 18-C / Chapter 1 / Section 1-505
18-C §1-505. Notices to devisees and heirs; furnishing of copies
Status: in_force

1. Notice to devisees and heirs. A register shall, within 30 days after the filing of an application for the appointment of a personal representative, notify by mail all of the decedent’s devisees and heirs of the right of a surviving spouse to demand an elective share and the time limit for making such an election and of the rights of a surviving spouse and children to the homestead allowance, exempt property and family allowance. [PL 2023, c. 4, §3 (NEW).]

2. Notice to devisees of probated will. A register shall, within 30 days after a will is probated, notify by mail all devisees under the will that devises have been made to them, stating the name of the testator and the name of the personal representative, if a personal representative has been appointed at the time this notification is sent. [PL 2023, c. 4, §3 (NEW).]

3. Furnishing of copies. Devisees in a will may, upon application to the register, be furnished with a copy of the probated will upon payment of a fee of $1 per page. [PL 2023, c. 4, §3 (NEW).]
18-B M.R.S. § 702 — ME Code / Title 18-B / Part 1 / Chapter 7 / Section 702
18-B §702. Trustee's bond
Status: in_force

1. Bond. A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

2. Amount. The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

3. Financial institution. A financial institution qualified to do trust business in this State need not give bond, even if required by the terms of the trust. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]

4. Cost charged to trust. Unless otherwise directed by the court, the cost of a bond is charged to the trust. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 7-463 — ME Code / Title 18-C / Chapter 7 / Section 7-463
18-C §7-463. Transfers from income to principal for depreciation
Status: in_force

1. Depreciation. As used in this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion or gradual obsolescence of a fixed asset having a useful life of more than one year. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Reasonable amount of net cash receipts. A trustee may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer for depreciation any amount: A. Of that portion of real property used or available for use by a beneficiary as a residence or of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. During the administration of a decedent's estate; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Under this section if the trustee is accounting under section 7-443 for the business or activity in which the asset is used. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Separate fund not required. An amount transferred to principal pursuant to subsection 2 need not be held as a separate fund. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-206 — ME Code / Title 18-C / Chapter 2 / Section 2-206
18-C §2-206. Decedent's nonprobate transfers to the surviving spouse
Status: in_force

Excluding property passing to the surviving spouse under the federal Social Security system, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Joint tenancy. The decedent's fractional interest in property held in joint tenancy with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Co-ownership registration. The decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Other nonprobate transfers. All other property that would have been included in the augmented estate under section 2‑205, subsection 1 or 2 had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent or the decedent's creditors, estate or estate creditors. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 907 — ME Code / Title 18-B / Part 1 / Chapter 9 / Section 907
18-B §907. Uniformity of application and construction
Status: in_force

This chapter must be applied and construed to effectuate its general purposes to make uniform the law with respect to the subject of the Uniform Prudent Investor Act among the states enacting it. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 2-402 — ME Code / Title 18-C / Chapter 2 / Section 2-402
18-C §2-402. Homestead allowance
Status: in_force

A decedent's surviving spouse is entitled to a homestead allowance of $22,500. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $22,500 divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate other than costs and expenses of administration and reasonable funeral expenses. The homestead allowance is in addition to any benefit or share passing to the surviving spouse or minor or dependent child by intestate succession or by way of elective share and is in addition to any benefit or share passing to the surviving spouse or minor or dependent child by the decedent's will unless the decedent's will expressly provides that the benefit or share passing to the surviving spouse or minor or dependent child is intended to be made in lieu of the homestead allowance. The personal representative shall promptly satisfy the homestead allowance from available assets. [PL 2023, c. 4, §4 (AMD).]
18-B M.R.S. § 1004 — ME Code / Title 18-B / Part 1 / Chapter 10 / Section 1004
18-B §1004. Attorney's fees and costs
Status: in_force

In a judicial proceeding involving the administration of a trust, the court, as justice and equity may require, may award costs and expenses, including reasonable attorney's fees, to any party, to be paid by another party or from the trust that is the subject of the controversy. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 5-704 — ME Code / Title 18-C / Chapter 5 / Section 5-704
18-C §5-704. Nomination of public guardian or conservator
Status: in_force

1. Nomination of public guardian. Any person who is eligible to petition for appointment of a guardian under section 5‑302, subsection 1 , including the commissioner of any state department, the head of any state institution, the board of overseers and the welfare director or health officer of any municipality, may nominate the public guardian. [PL 2021, c. 275, §5 (AMD).]

2. Nomination of public conservator. Any person who is eligible to petition for appointment of a conservator under section 5‑402, subsection 1 , including the commissioner of any state department, the head of any state institution, the board of overseers and the welfare director or health officer of any municipality, may nominate the public conservator. [PL 2021, c. 275, §5 (AMD).]

3. Article applies to proceedings for determining appointment. Except as supplemented by section 5‑705 , the proceedings for determining the appointment of a public guardian or conservator are governed by the provisions of this Article for the appointment of guardians and conservators generally. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-413 — ME Code / Title 18-C / Chapter 3 / Section 3-413
18-C §3-413. Formal testacy proceedings; vacation of order for other cause
Status: in_force

For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-103 — ME Code / Title 18-C / Chapter 5 / Section 5-103
18-C §5-103. Facility of transfer
Status: in_force

1. Transfer of money or personal property to minor. Unless a person required to transfer money or personal property to a minor knows that a conservator has been appointed or that a proceeding for appointment of a conservator of the estate of the minor is pending, the person may do so, as to an amount or value not exceeding the annual gift tax exclusion pursuant to 26 United States Code, Section 2503, by transferring it to: A. A person who has the care and custody of the minor and with whom the minor resides; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. A guardian of the minor; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. A custodian under the Maine Uniform Transfers to Minors Act; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C-1. A qualified tuition program or a qualified ABLE program in the State, or both, under Sections 529 and 529A, respectively, of the federal Internal Revenue Code of 1986; [PL 2019, c. 417, Pt. A, §9 (NEW).] D. A financial institution as a deposit in an interest-bearing account or certificate in the sole name of the minor and giving notice of the deposit to the minor; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. The minor, if married or emancipated. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2019, c. 417, Pt. A, §9 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Responsibility for proper application. A person who transfers money or property in compliance with this section is not responsible for its proper application. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. For benefit of minor; no personal financial benefit. A guardian or other person who receives money or property for a minor under subsection 1, paragraph A or B may apply it only to the support, care, education, health and welfare of the minor and may not derive a personal financial benefit, but may be reimbursed for necessary expenses for the benefit of the minor. Any excess must be preserved for the future support, care, education, health and welfare of the minor, and any balance must be transferred to the minor when the minor becomes an adult or is otherwise emancipated. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-103 — ME Code / Title 18-C / Chapter 3 / Section 3-103
18-C §3-103. Necessity of appointment for administration
Status: in_force

Except as otherwise provided in Article 4 , to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registers, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 1-604 — ME Code / Title 18-C / Chapter 1 / Section 1-604
18-C §1-604. Expenses of partition
Status: in_force

When a partition of real estate is made by order of a judge, the interested parties shall pay the expenses in proportion to their interests. When expenses accrue prior to the closing order or statement of the personal representative of the deceased owner of such real estate, the personal representative may pay the expenses from the personal representative's account. In case of neglect or refusal to pay of any person liable to pay such expenses, the judge may issue a warrant of distress against that person for the amount due and costs of process. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-101 — ME Code / Title 18-C / Chapter 2 / Section 2-101
18-C §2-101. Intestate estate
Status: in_force

1. Intestate succession. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this Code, except as modified by the decedent's will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Will expressly excludes or limits. A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the individual's or member's intestate share. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 803 — ME Code / Title 18-B / Part 1 / Chapter 8 / Section 803
18-B §803. Impartiality
Status: in_force

If a trust has 2 or more beneficiaries, the trustee shall act impartially in investing, managing and distributing the trust property, giving due regard to the beneficiaries' respective interests. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 2-102 — ME Code / Title 18-C / Chapter 2 / Section 2-102
18-C §2-102. Share of spouse
Status: in_force

The intestate share of a decedent's surviving spouse is: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. No descendant or parent. The entire intestate estate if: A. No descendant or parent of the decedent survives the decedent; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. No descendant but parent survives. The first $300,000, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Descendants of both decedent and spouse, just spouse. The first $100,000, plus 1/2 of any balance of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Descendants of decedent, not spouse. One-half of the intestate estate, if there are surviving descendants one or more of whom are not descendants of the surviving spouse. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 6-213 — ME Code / Title 18-C / Chapter 6 / Section 6-213
18-C §6-213. Alteration of rights
Status: in_force

1. Rights determined by terms of account. Rights at the death of a party under section 6-212 are determined by the terms of the account at the death of the party. A party may alter the terms of the account by a notice signed by the party and given to the financial institution to change the terms of the account or to stop or vary payment under the terms of the account. To be effective, the notice must be received by the financial institution during the party's lifetime. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Right of survivorship not altered by will. A right of survivorship arising from the express terms of the account, section 6-212 or a POD designation may not be altered by a will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 416 — ME Code / Title 18-B / Part 1 / Chapter 4 / Section 416
18-B §416. Modification to achieve settlor's tax objectives
Status: in_force

To achieve the settlor's tax objectives, the court may modify the terms of a trust in a manner that is not contrary to the settlor's probable intention. The court may provide that the modification has retroactive effect. [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 5-412 — ME Code / Title 18-C / Chapter 5 / Section 5-412
18-C §5-412. Notice of order of appointment; rights
Status: in_force

1. Notice of appointment, order; rights. A conservator appointed under section 5‑401 shall give to the individual subject to conservatorship and to all other persons given notice under section 5‑403 a copy of the order of appointment, together with a notice of the right to request termination or modification. The order and notice must be given not later than 14 days after the appointment. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Notice if person missing. If a conservator is appointed under section 5‑401, subsection 2, paragraph A , subparagraph (2) and the individual subject to conservatorship is missing, notice under subsection 1 to the individual is not required. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-909 — ME Code / Title 18-C / Chapter 2 / Section 2-909
18-C §2-909. Disclaimer of power of appointment or other power not held in fiduciary capacity
Status: in_force

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following provisions apply. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Disclaimer of unexercised power. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Disclaimer of exercised power. If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Construction of instrument creating the power. The instrument creating the power is construed as if the power expired when the disclaimer became effective. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 101 — ME Code / Title 18-B / Part 1 / Chapter 1 / Section 101
18-B §101. Short title
Status: in_force

This Part may be known and cited as "the Maine Uniform Trust Code." [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 2-115 — ME Code / Title 18-C / Chapter 2 / Section 2-115
18-C §2-115. Determination of parentage for purposes of intestate succession
Status: in_force

Unless otherwise provided in this subpart, "parent" for purposes of intestate succession means a person who has established a parent-child relationship with the child under Article 9 or Title 19‑A, chapter 61 and whose parental rights have not been terminated. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-415 — ME Code / Title 18-C / Chapter 5 / Section 5-415
18-C §5-415. Petition for order subsequent to appointment
Status: in_force

An individual subject to conservatorship or a person interested in the welfare of the individual may file a petition in the court for an order: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

1. Bond or collateral. Requiring the conservator to furnish bond or collateral or additional bond or collateral or allowing a reduction in a bond or collateral previously furnished. This subsection does not apply to a public conservator; [PL 2021, c. 398, Pt. KK, §1 (AMD).]

2. Accounting. Requiring an accounting for the administration of the conservatorship estate; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Distribution. Directing distribution; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Removal; temporary or successor. Removing the conservator and appointing a temporary or successor conservator; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Modification. Modifying the type of appointment or powers granted to the conservator, if the extent of protection or management previously granted is currently excessive or insufficient to meet the individual's needs, including because the individual's abilities or supports have changed; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

6. Inventory, plan or report. Rejecting or modifying the conservator's inventory, plan or report; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

7. Other relief. Granting other appropriate relief. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-605 — ME Code / Title 18-C / Chapter 2 / Section 2-605
18-C §2-605. Increase in securities; accessions
Status: in_force

1. Additional securities. If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types: A. Securities of the same organization acquired by reason of action initiated by the organization or any successor, related or acquiring organization, excluding any acquired by exercise of purchase options; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Securities of another organization acquired as a result of a merger, consolidation, reorganization or other distribution by the organization or any successor, related or acquiring organization; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Securities of the same organization acquired as a result of a plan of reinvestment. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Distributions in cash. Distributions in cash before death with respect to a described security are not part of the devise under subsection 1 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 7-471 — ME Code / Title 18-C / Chapter 7 / Section 7-471
18-C §7-471. Uniformity of application and construction
Status: in_force

In applying and construing this Part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-B M.R.S. § 906 — ME Code / Title 18-B / Part 1 / Chapter 9 / Section 906
18-B §906. Language invoking standard of chapter
Status: in_force

The following terms or comparable language in the provisions of a trust, unless otherwise limited or modified, authorizes any investment or strategy permitted under this chapter: "investments permissible by law for investment of trust funds"; "legal investments"; "authorized investments"; "using the judgment and care under the circumstances then prevailing that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital"; "prudent man rule"; "prudent trustee rule"; "prudent person rule"; or "prudent investor rule." [PL 2003, c. 618, Pt. A, §1 (NEW); PL 2003, c. 618, Pt. A, §2 (AFF).]
18-C M.R.S. § 6-101 — ME Code / Title 18-C / Chapter 6 / Section 6-101
18-C §6-101. Nonprobate transfers on death
Status: in_force

1. Nonprobate transfer on death nontestamentary. A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement or other written instrument of a similar nature is nontestamentary. Also nontestamentary is a written provision that: A. Money or other benefits due to, controlled by or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument or later; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Any property controlled by or owned by the decedent before death that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument or later. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Rights of creditors. Nothing in this section limits the rights of creditors under other laws of this State. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-912 — ME Code / Title 18-C / Chapter 3 / Section 3-912
18-C §3-912. Private agreements among successors to decedent binding on personal representative
Status: in_force

Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to the personal representative's obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration and to carry out the responsibilities of the office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee of such a trust is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing in this section relieves trustees of any duties owed to beneficiaries of trusts. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-425 — ME Code / Title 18-C / Chapter 5 / Section 5-425
18-C §5-425. Transaction involving conflict of interest
Status: in_force

A transaction involving a conservatorship estate that is affected by a substantial conflict between the conservator's fiduciary duties and personal interests is voidable unless the transaction is authorized by the court by specific order after notice to all persons entitled to notice under section 5-411, subsection 5 or a subsequent order. A transaction affected by a substantial conflict between fiduciary duties and personal interests includes a sale, encumbrance or other transaction involving the conservatorship estate entered into by the conservator, an individual with whom the conservator resides, the spouse, domestic partner, descendant, sibling, agent or attorney of the conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 10-113 — ME Code / Title 18-C / Chapter 10 / Section 10-113
18-C §10-113. Disclosure of other digital assets held in trust when trustee is not original user
Status: in_force

Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalog of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian: [PL 2019, c. 417, Pt. A, §107 (NEW).]

1. Written request. A written request for disclosure in physical or electronic form; [PL 2019, c. 417, Pt. A, §107 (NEW).]

2. Trust instrument or certification of trust. A certified copy of the trust instrument or a certification of the trust under Title 18‑B, section 1013 ; [PL 2019, c. 417, Pt. A, §107 (NEW).]

3. Trustee's certification. A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and [PL 2019, c. 417, Pt. A, §107 (NEW).]

4. Information requested by custodian. If requested by the custodian: A. A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or [PL 2019, c. 417, Pt. A, §107 (NEW).] B. Evidence linking the account to the trust. [PL 2019, c. 417, Pt. A, §107 (NEW).] [PL 2019, c. 417, Pt. A, §107 (NEW).]
18-B M.R.S. § 2111 — ME Code / Title 18-B / Part 2 / Chapter 21 / Section 2111
18-B §2111. No duty to monitor, inform or advise
Status: in_force

1. Trustee. Unless the terms of a trust provide otherwise: A. A trustee does not have a duty to: (1) Monitor a trust director; or (2) Inform or give advice to a settlor, beneficiary, trustee or trust director concerning an instance in which the trustee might have acted differently than the director; and [PL 2019, c. 301, §8 (NEW).] B. By taking an action described in paragraph A , a trustee does not assume the duty excluded by paragraph A . [PL 2019, c. 301, §8 (NEW).] [PL 2019, c. 301, §8 (NEW).]

2. Trust director. Unless the terms of a trust provide otherwise: A. A trust director does not have a duty to: (1) Monitor a trustee or another trust director; or (2) Inform or give advice to a settlor, beneficiary, trustee or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director; and [PL 2019, c. 301, §8 (NEW).] B. By taking an action described in paragraph A , a trust director does not assume the duty excluded by paragraph A . [PL 2019, c. 301, §8 (NEW).] [PL 2019, c. 301, §8 (NEW).]
18-C M.R.S. § 3-914 — ME Code / Title 18-C / Chapter 3 / Section 3-914
18-C §3-914. Disposition of unclaimed assets
Status: in_force

If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to the person's conservator, if any; otherwise it must be disposed of according to Title 33, chapter 45 . [PL 2021, c. 676, Pt. A, §29 (AMD).]
18-C M.R.S. § 5-430 — ME Code / Title 18-C / Chapter 5 / Section 5-430
18-C §5-430. Removal of conservator; appointment of successor
Status: in_force

1. Removal by court. The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Hearing upon petition, communication or determination. The court shall conduct a hearing to determine whether to remove a conservator and appoint a successor on: A. Petition of the individual subject to conservatorship, conservator or person interested in the welfare of the individual that contains allegations that, if true, would support a reasonable belief that removal of the conservator and appointment of a successor may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed within the preceding 6 months; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Communication from the individual subject to conservatorship, conservator or person interested in the welfare of the individual that supports a reasonable belief that removal of the conservator and appointment of a successor may be appropriate; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. Determination by the court that a hearing would be in the best interest of the individual subject to conservatorship. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Notice of petition. Notice of a petition under subsection 2, paragraph A must be given to the individual subject to conservatorship, the conservator and such other persons as the court determines. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

4. Attorney for individual subject to conservatorship. If an individual subject to conservatorship who seeks to remove the conservator and have a successor appointed is not represented by an attorney, the court shall appoint an attorney under the same conditions as in section 5-406 . The court shall award reasonable attorney's fees to the attorney for the individual as provided in section 5-119 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

5. Selection of successor conservator. In selecting a successor conservator, the court shall follow the procedures under section 5-410 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

6. Notice of appointment of successor conservator. Not later than 30 days after appointing a successor conservator, the court shall give notice of the appointment to the individual subject to conservatorship and all persons entitled to the notice under section 5-411, subsection 5 or a subsequent order. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-719 — ME Code / Title 18-C / Chapter 3 / Section 3-719
18-C §3-719. Compensation of personal representative
Status: in_force

A personal representative is entitled to reasonable compensation for the personal representative's services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce the personal representative's right to all or any part of the compensation. A written renunciation of fee may be filed with the court. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-604 — ME Code / Title 18-C / Chapter 5 / Section 5-604
18-C §5-604. Communication between courts
Status: in_force

1. Communication between courts; participation; record. A court of this State may communicate with a court in another state concerning a proceeding arising under this Part. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection 2 , the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. No record required. Courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 2-401 — ME Code / Title 18-C / Chapter 2 / Section 2-401
18-C §2-401. Applicable law
Status: in_force

This Part applies to the estate of the decedent who dies domiciled in this State. Rights to homestead allowance, exempt property and family allowance for a decedent who dies not domiciled in this State are governed by the law of the decedent's domicile at death. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 3-805 — ME Code / Title 18-C / Chapter 3 / Section 3-805
18-C §3-805. Classification of claims
Status: in_force

1. Priority of claims. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: A. Costs and expenses of administration; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Reasonable funeral expenses; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B-1. Homestead allowance; [PL 2023, c. 4, §9 (NEW).] B-2. Family allowance; [PL 2023, c. 4, §10 (NEW).] B-3. Exempt property; [PL 2023, c. 4, §11 (NEW).] C. Debts and taxes with preference under federal law; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. Medicaid benefits recoverable under Title 22, section 14, subsection 2‑I and reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. Debts and taxes with preference under other laws of this State; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. All other claims. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2023, c. 4, §§9-11 (AMD).]

2. No priority within class or for claims not due. Preference may not be given in the payment of any claim over any other claim of the same class, and a claim due and payable is not entitled to a preference over claims not due. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
18-C M.R.S. § 5-803-A — ME Code / Title 18-C / Chapter 5 / Section 5-803-A
18-C §5-803-A. Remote signing of advance health care directives in health care facilities
Status: in_force

When a principal in a hospital or a residential health care facility has an infectious disease and is confined to a room or ward where isolation precautions prevent the physical presence of individuals or documents necessary for executing the principal's advance health care directives, staff, employees and agents of a hospital or a residential health care facility where the principal is located may assist and facilitate the execution of advance health care directives using the process provided in this section. [PL 2021, c. 452, §1 (NEW).]

The principal may direct another individual physically located beyond the isolation area but in the same facility to sign the principal's name to the advance health care directive. If necessary, the principal may employ 2-way audiovisual communication technology to direct the individual to sign and to allow the signing to be witnessed. This audiovisual technology must allow direct contemporaneous interaction between the principal, the individual signing the document and any witness by sight and sound in real time. [PL 2021, c. 452, §1 (NEW).]

The principal must be provided with an unsigned copy of the advance health care directive prior to the signing for the principal to review. The individual signing for the principal must be provided with the original advance health care directive. After it is signed and witnessed, a copy of the original advance health care directive must be given to the principal or the principal's agent if named in the advance health care directive. The signed and witnessed original advance health care directive must be filed with the principal's medical record as soon as possible. [PL 2021, c. 452, §1 (NEW).]

If the principal or the principal's agent identifies any substantive difference between the unsigned copy and the signed and witnessed original advance health care directive, the principal or the agent may revoke the advance health care directive by notifying the primary physician either orally or in writing. [PL 2021, c. 452, §1 (NEW).]

Staff, employees and agents of a hospital or a residential health care facility are immune from suit or legal liability for their good faith actions or omissions arising out of their use of the procedures described in this section. [PL 2021, c. 452, §1 (NEW).]

This section does not apply to any other documents or settings or when advance health care directives are notarized. [PL 2021, c. 452, §1 (NEW).]