ME risk area
Complexity triggers in Maine
Scenarios that increase estate risk, such as blended families or multi-state property.
Maine grants a surviving spouse an elective share tied to the augmented estate, and statutory allowances stack on top of that share.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may elect to take 50% of the marital-property portion of the augmented estate.
- Homestead, exempt property, and family allowances are in addition to the elective share.
Questions to consider
Questions this risk area helps you evaluate in Maine
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Maine grants a surviving spouse an elective share tied to the augmented estate, and statutory allowances stack on top of that share.
- A surviving spouse may elect to take 50% of the marital-property portion of the augmented estate.
- Homestead, exempt property, and family allowances are in addition to the elective share.
Sources
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Maine.