Auburn, ME asked in Probate for Maine

Q: what kinds question I ask in probate court ?

Had lawyer find out she is moving to a different firm and they have no lawyer to take her place . I can not pay another lawyer and need know what kind question I ask in a probate court where other parties are fighting against the Will

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1 Lawyer Answer
Daniel J. Eccher
Daniel J. Eccher
  • Probate Lawyer
  • Winthrop, ME
  • Licensed in Maine

A: I'll make three points: First, if your attorney has entered her appearance on your behalf with the probate court, she needs the court’s permission to withdraw, except in limited circumstances. If the court grants that permission, the court should also be willing to grant you a “Motion to Continue” – that is, to delay any upcoming hearing (assuming you want it delayed) – that would give you a) more time to find a new attorney and/or b) more time to prepare.

Second, you should be able to find a new lawyer. If you are over 60, you can contact Legal Services for the Elderly at 800-750-5353 and You can also try the Volunteer Lawyers Project (their number depends where you live; log on to to find out more). You can also try the Maine Lawyer Referral Service at 800-860-1460. You may be able to negotiate a payment plan or delayed payment – especially if the estate has real estate or some other major asset that you plan to sell.

Third, if you do have to represent yourself, the basic issue for the court appears to be whether the will is valid, and the burden is on the person challenging its validity to prove their case. If that is the issue, then you just need to ask questions that poke holes in their arguments. Also, you could ask the person who prepared the will and the witnesses to the signing to testify on your behalf and ask them about the signing ceremony.

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