| | | The moving party must | section 1-401 of his | appointment informally: (1) to any person demanding it | | pursuant to section 3-204; (2) to an heir or devisee, who has not | | waived notice in a writing filed with the court; and (3) to any | | person having a prior or equal right to appointment not waived in | | writing and filed with the court. The moving party shall | | investigate with due diligence whether the decedent received | | MaineCare benefits at any time when the decedent was 55 years of | | age or older.__If the moving party determines that the decedent | | likely received such benefits, the moving party shall give notice | | as described in section 1-401 to the Department of Health and | | Human Services. No other notice of an informal appointment | | proceeding is required. |
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| | | Sec. DDD-3. 18-A MRSA §3-403, sub-§(a), as enacted by PL 1979, c. 540, | | §1, is amended to read: |
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| | | (a) Upon commencement of a formal testacy proceeding, the | court shall fix a time and place of hearing. Notice shall | | be given in the manner prescribed by section 1-401 by the | petitioner to the persons herein | | and to any additional person who has filed a demand for notice | | under section 3-204. |
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| | | Notice shall | surviving spouse, children, | | devisees and executors named in any will that is being, or has | | been, probated, or offered for informal or formal probate in the | | county, or that is known by the petitioner to have been probated, | or offered for informal or formal probate elsewhere, | | personal representative of the decedent whose appointment has not | | been terminated. The petitioner shall investigate with due | | diligence whether the decedent received MaineCare benefits at any | | time when the decedent was 55 years of age or older.__If the | | moving party determines that the decedent likely received such | | benefits, the moving party shall give notice as described in | | section 1-401 to the Department of Health and Human Services. | | Notice may be given to other persons. In addition, the petitioner | | shall give notice by publication to all unknown persons and to | | all known persons whose addresses are unknown who have any | | interest in the matters being litigated. |
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| | | Sec. DDD-4. 18-A MRSA §3-814, as enacted by PL 1979, c. 540, §1, is | | amended to read: |
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| | | §3-814. Encumbered assets |
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| | | If any assets of the estate are encumbered by mortgage, | pledge, lien, |
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