This is a multi-state form covering the subject matter of the title.
Maine Complaint to Contest Will
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FAQ
Slander of title occurs when an individual publishes false statements about the title to property (or the plaintiff's ownership interest) under circumstances that would lead one to reasonably foresee that a third party would be deterred from purchasing or leasing the property.
A personal representative appointed by a court of the decedent's domicile has priority over all other persons except when the decedent's will nominates different persons to be personal representative in this State and in the state of domicile.
To prove slander of title a claimant must prove (1) there was a publication of a slanderous statement disparaging claimant's title; (2) the statement was false; (3) the statement was made with malice or made with reckless disregard of its falsity; and (4) the statement caused actual or special damages.
In fact, it is illegal to make statements about someone that you know are blatantly false, and if you do this intentionally while speaking to someone. This act is referred to as slander. If the subject of the slander and their reputation suffer because of your actions, you may be taken to court.
What Is a No Contest Clause? A no contest clause is a provision in an estate planning document such as a will or trust that states if a beneficiary chooses to challenge the terms of the document, that beneficiary will forfeit any gift or bequest under the document.
A slander of title will generally occur where one maliciously seeks to disparage another's interest to property, to make it unmerchantable, by recording an instru- ment whereby the maligner purports to have some interest in the property. For example, the making and recording of a deed, Chesebro v. Powers, 78 Mich.
False and negligent statements about a person or business, which materially injure the reputation of a person or business, are considered defamatory under Maine's defamation law. In order to fall within the realm of defamation, statements must be made to a third party without consent.
No, in Maine, you do not need to notarize your will to make it legal. However, Maine allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.