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  #11  
Old 03-04-2014
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

The text of Section 3-1201, which was furnished by slayer, can be found at this link. Title 18-A, §3-1201: Collection of personal property by affidavit
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

Follow the above link to 1204....that looks like the section you need. "Correction" I meant to direct you to 1205,,,,Not 1204.

Last edited by Slayer; 03-04-2014 at 02:59 PM.
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Old 03-04-2014
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

I disagree.

The referenced statutes deal with turning over property in reliance on an affidavit and the exception for full inventory accountings by a personal representative of a small estate.

It is now abundantly clear you have a legal title problem. You should consult with a licensed attorney in Maine for guidance. While there are a number of lawyers on this listserv (and an even greater number of wanna be lawyers), lawyers are licensed to practice law in individual, particular states, each of which has different laws.

I would hazard a guess that you are in the position where you are now because you did not consult a lawyer when you "bought" your boat from someone who seemingly had all the answers you wanted to hear, as supplemented by your internet research. You might not have good title as a result of those shortcuts.

In general, an affidavit would not suffice to perfect a bequest or intestate succession of personal property for purposes of transferring it to another. Normally, that requires probate and the appointment of a personal representative/executor/administrator, who is then qualified to administer the estate, and must follow up on receipts and disbursements, as a fiduciary, by reporting to a court-appointed commissioner. Many states have a small estate affidavit, which relieves the personal representative of the estate from making a full accounting.
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

Jameswilson may be right, but I wasn't trying to give you a legal opinion, just direct you to where you might find the statute you are looking for. I can't comment on his legal opinion "that you clearly have a legal title problem." I don't have enough information so would not venture to give you an opinion. But if the Agency is looking only to see that the affidavit fully complies with the law, might as well give it a shot.

I incorrectly directed you to 1204, while I was looking at 1205. It looks to me that if the personal representative complies with 1205 for small estates then the transfer is lawful. You can make this a huge issue or you can first see if the Agency will accept the cited statute. It is not going to make things worse, right?

For better or worse, often time the so called "practice of law" has nothing to do with the law.

Last edited by Slayer; 03-04-2014 at 03:18 PM.
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