Why Every Maine Adult Should Have a Will

Most people know they should have a will. Most people also haven’t gotten around to it. It’s easy to put off, because it means thinking about things nobody likes to think about. But a will is one of the simplest and most useful things you can do for your family.

What happens without one

If you die without a will in Maine, the law decides who inherits your property. It’s called intestacy, and it follows a fixed formula based on who survives you: a spouse, children, parents, siblings, and so on.

That formula might match what you’d want. Often it doesn’t. For example:

• In a blended family, your stepchildren may get nothing, even if you raised them
• An unmarried partner has no right to inherit at all
• A child who’s struggling with money or addiction gets their share outright
• Your property might be split among relatives in a way that forces a sale of the family home

Without a will, the court also decides who manages your estate.

The biggest reason for parents

If you have young children, a will is where you name a guardian to raise them if both parents die. Without one, a judge makes that decision, and family members may disagree in court about who should step in. Naming a guardian is the single most important line in many parents’ wills.

A will helps prevent family fights

When the instructions are clear and in writing, there’s less room for arguments about “what Mom would have wanted.” You can leave specific things to specific people, like a ring, a rifle, or the camp, and explain your choices if you want to.

What a will doesn’t cover

Some property passes outside a will entirely:

• Retirement accounts and life insurance go to the beneficiaries you named on file
• Accounts set up as payable-on-death go to the named person
• Property owned jointly with survivorship goes to the surviving owner

These are often a family’s biggest assets, so it’s important that the beneficiary forms match your will.

Making it valid in Maine

In Maine, a will generally has to be in writing, signed by you, and signed by two witnesses. Adding a notarized self-proving affidavit makes probate easier later. Online forms exist, but small mistakes in how a will is signed or worded can cause big problems.

When to update your will

Look at your will again when:

• You marry, divorce, or remarry
• A child or grandchild is born
• Someone named in the will dies or you have a falling out
• You move to Maine from another state
• You buy or sell significant property

Let’s get it done

A will doesn’t have to be complicated or expensive. Gray & Palmer has helped families in Bangor, Brewer, and the surrounding towns put their wishes in writing for decades.

Call (207) 945-5502, or learn about the other documents every adult should have in Estate Planning in Maine: The Four Documents That Matter. See also our wills, trusts, and probate page.