How To…Write a Will

How To…Write a Will

by Suzanne Burke, Pine Tree Legal Staff Attorney

 

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Each state has its own laws regarding wills. In order for your will to be valid in Maine, it must be in writing, and you must sign it with two witnesses. It is not mandatory that it be notarized, but some people take that additional step anyway. If you spend a lot of your time in another state (or country), it may be a good idea to take that step since some other states may require it. You do not need an attorney to help you prepare your will, but you can work with one if you like.

There is another less formal option for a will, which is called a holographic will. In order for it to be valid, it must be entirely in your own handwriting with your signature and does not need witnesses. If there is any blank space on the page, it is a good idea to X it out so that no one can attempt to write in something else later.
 

Each state has its own laws regarding wills. In order for your will to be valid in Maine, it must be in writing, and you must sign it with two witnesses.

A power of attorney is yet another related option. This deals with any kind of decision making, not just health care. You can specify in the document which kinds of decisions and powers you want to grant to someone else. The rules around powers of attorney are very strict, and you should speak to, well, an attorney! Keep in mind that a power of attorney and a living will impact you while you’re still living and end upon your death. So, they are as important as a will, maybe more.  

A lot of information about all these documents can be found online. Remember that not everything you find online is accurate, especially forms. Each state has their own laws, and you may find something that is used somewhere else but not valid here. You may also find forms that grant more powers than you would like. If you would like additional advice, we may be able to help. You are welcome to contact Pine Tree Legal and do an intake to see if you qualify for our services.

The Wabanaki Legal News is published by Pine Tree Legal Assistance, Inc. and is funded in part through a grant from the Legal Services Corporation. The views expressed by the authors in this newsletter are not necessarily shared by Pine Tree Legal Assistance or its staff.

Indigenous Peoples Unit
Lisa Chase, Managing Attorney
Suzanne Burke, Staff Attorney

115 Main St. #2
Bangor, ME 04401

Pine Tree Indigenous Peoples Unit toll free hotline: 1-877-213-5630; V/TTY: 711.

Please call our toll-free hotline to request assistance. You may also call Pine Tree Legal Assistance during call center hours.