Are Beneficiary Designations Protected in Maine?
Maine automatically revokes an ex-spouse as beneficiary at divorce18-C M.R.S. § 2-804Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Maine as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
Yes. Maine automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuities18-C M.R.S. § 2-804Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.
Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Maine sets no spousal-consent requirement of its own18-C M.R.S. § 2-202Verified Sep 15, 2026View source for an individual account.
Maine gives inherited IRAs partial protection from creditors14 M.R.S. § 4422(13)(E), (13-A)Verified Sep 15, 2026View source; the reach can depend on whether the IRA came from a spouse and whether the case is in state or federal court. After Clark v. Rameker (2014), federal bankruptcy law does not protect an inherited IRA on its own.
Yes. Maine applies a per stirpes default to beneficiary designations18-C M.R.S. § 2-706Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, that beneficiary's share passes to their descendants rather than to the other named beneficiaries.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Maine
Free forms for planning your estate in Maine: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Maine, a will is signed before 218-C M.R.S. § 2-502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony18-C M.R.S. § 2-502Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Maine requires 218-C M.R.S. § 5-805Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not required18-C M.R.S. § 5-805Verified Oct 15, 2026View source.
Financial Power of Attorney
Maine treats a power of attorney as durable by default18-C M.R.S. § 5-905, § 5-904, § 5-906, § 5-907, § 5-909, § 5-913, § 5-931, § 5-951Verified Sep 18, 2026View source, and it is signed before a notary18-C M.R.S. § 5-905, § 5-904, § 5-906, § 5-907, § 5-909, § 5-913, § 5-931, § 5-951Verified Sep 18, 2026View source.
Transfer on Death Deed
In Maine, a transfer on death deed is signed before a notary18-C M.R.S. 6-401 to 6-420Verified Oct 18, 2026View source, then recorded with the county before the owner's death18-C M.R.S. 6-401 to 6-420Verified Oct 18, 2026View source.
Living Will
In Maine, the living will is the Advance Health Care Directive18-C M.R.S. §§ 5-801 to 5-817 (Title 18-C, Article 5, Part 8, Uniform Health Care Decisions Act)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Tools for Planning Your Estate in Maine
Free tools for planning your estate in Maine: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Maine runs $5,390Estimate: 10 hours at $539, Clio's Maine Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $8,085Estimate: 15 hours at $539, Clio's Maine Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,029Estimate: 3 hours at $343, Clio's Maine Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,058Estimate: 6 hours at $343, Clio's Maine Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Maine, four years at a public university cost about $88,048NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; the state levies an estate tax36 M.R.S. §§ 4102, 4103, 4119Verified Sep 15, 2026View source above $7,160,00036 M.R.S. §§ 4102, 4103, 4119Verified Sep 15, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Maine costs an estimated $26,31318-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source. Attorney fees run 1.9%18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source to 3.1%18-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Maine, a surviving spouse takes the entire estate18-C M.R.S. § 2-102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generation18-C M.R.S. § 2-106Verified Sep 10, 2026View source.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Maine runs $5,390Estimate: 10 hours at $539, Clio's Maine Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $8,085Estimate: 15 hours at $539, Clio's Maine Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Maine runs $1,029Estimate: 3 hours at $343, Clio's Maine Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,058Estimate: 6 hours at $343, Clio's Maine Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,31318-C M.R.S. § 3-721 (court review of the reasonableness of attorney compensation; no statutory percentage); § 3-720 (reasonable attorney fees in estate litigation)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Maine, a parent names a guardian for a minor child in a will or a separate signed writingMe. Rev. Stat. tit. 18-C, §§ 5-202, 5-203, 5-204Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18Me. Rev. Stat. tit. 1, §§ 72(2-B), 73Verified Sep 15, 2026View source.
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Maine Estate Planning Resources
In-depth guides covering Maine probate laws, trust requirements, and estate planning strategies.