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Old 03-03-2014
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Help Finding Maine Statute that provides for an Affidavit of Heirship

I'm trying to find the Maine statute that describes the format and content for an Affidavit of Heirship.

I received one when I purchased my sailboat, and now the NVDC wants me to provide a copy of the statute to see if the affidavit provided "is in substantial compliance with the law."

I tried searching the excellent website;

Maine Constitution, Statutes and Laws

but couldn't find the actual statute that describes an Affidavit of Heirship. When you do an internet search for Maine Affidavit of Heirship, you get a bunch of legal forms website that want to sell you an Affidavit of Heirship form. I need the Maine law that describes what it should contain.

Thanks,

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

What is the NVDC?
Found it myself: http://www.uscg.mil/nvdc/
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Old 03-03-2014
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

These guys may be able to help you: Maine Revised Statutes Search Form
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

Thanks David. I've searched all over that site, (and this one, and this one). I can't find anything that describes what an Affidavit of Heirship should contain, based on Maine law. I'm hoping someone knows exactly where it is, and can point me to it.

I may try simply calling one of the County Registers of Probate listed here, and asking them.

Jason
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

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Originally Posted by jasn View Post
Thanks David. I've searched all over that site, (and this one, and this one). I can't find anything that describes what an Affidavit of Heirship should contain, based on Maine law. I'm hoping someone knows exactly where it is, and can point me to it.

I may try simply calling one of the County Registers of Probate listed here, and asking them.

Jason
Or you may just fork out a few bucks and call a probate attorney and have him look it up in westlaw.

Of course the desperate solution is to look at the writing style of a couple laws and write your own that has exactly what you need.
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Last edited by davidpm; 03-03-2014 at 09:28 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

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Originally Posted by jasn View Post
I'm trying to find the Maine statute that describes the format and content for an Affidavit of Heirship...
I need the Maine law that describes what it should contain.

Thanks,

Jason
I advise you to find a Maine probate lawyer on Avvo.com - The right attorney makes the difference.

Virginia provides for a Real Estate Affidavit in Virginia Code Section 64.2-510 LIS > Code of Virginia > 64.2-510 to show the inheritance of real property in land records without probate. I am not aware of any similar affidavit in Virginia for personal property.
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

This link will take you to a good general definition of an affidavit of heirship, as well as a discussion of what it must contain. It isn't specific to Maine, but it is likely to be consistent with Maine law. What is an Affidavit of Heirship? - Download Free Affidavit of Heirship Forms

You need access to an encyclopedia of law. "Corpus Juris Secundum" generally covers the laws of all states. I imagine Maine has it's own encyclopedia of law, which is probably called something like "Maine Jurisprudence." You can find both in any law library of any law school in Maine. The law school in my home town permits any person to use their law books, not just students. Perhaps Maine law schools do as well.
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

Take the advise from James. Get an attorney in Maine experienced in probate, you will save a lot of time and maybe money. Your legal right to the boat may be challenged if the documented transfer of the boat title has not been completed under Maine law.

I have worked through issues created by relatives deaths with and without a wills.

Even with a will things can get really complicated and a good attorney can make it less complicated, without a will even with a good attorney complications will grow, and relatives you did not know existed will appear.

Anybody who cares about the people left behind should have a will and a living will prepared by an attorney experienced in probate.
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Re: Help Finding Maine Statute that provides for an Affidavit of Heirship

When a government agency asks you to provide some information to them, you should try to provide exactly what they ask for - nothing more and nothing less. Sometimes, if you try to be helpful, and provide more than they have requested, you might unnecessarily open a can of worms.

Based on your original post, "... NVDC wants me to provide a copy of the statute to see if the affidavit provided is in substantial compliance with the law.'" If you have access to a nearby law library, you might be able to find a copy of the statute without the help of an attorney. You might even be able to request help in finding it from the law librarian.

If you are unable to find a copy of the law, then I suggest you ask an attorney to examine the Affidavit of Heirship and write an opinion letter, with a copy of the affidavit attached, stating that, in his opinion, the attached affidavit of heirship "...is in substantial compliance with the law." The attorney's fee for providing his legal opinion on the legal sufficiency of the affidavit should be reasonably nominal.

Either of those courses of action should provide NVDC what they are requesting.
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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 don't know if one of these are the right one, but a quick search looks like the right area:

ME Rev. Stat. Title 18-A. Sections 3-1201 or 3-1202.

If you can't find it in one of these look under all the 3-1200's.
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