Maine Revocable Living Trust Form

Updated April 14, 2022

The Maine revocable living trust is a legal agreement used to protect a person’s assets during their lifetime and distribute them outside probate after they die. The Grantor will appoint a Trustee (often themselves) to manage the Trust and control the assets. If the Grantor becomes mentally or physically unfit to manage their financial affairs, the Trustee (or Successor Trustee if Grantor is also Trustee) maintains power over the Trust and uses any assets the Grantor requires to continue their accustomed standard of living. Typically, if a person is unable to manage their estate, a conservator will step in. Having a revocable living trust set up, with a Trustee chosen specifically by the Grantor, will avoid getting the court involved. In addition, the court need not be involved after the Grantor’s death either. A person’s estate held within a revocable living trust does not have to go through probate court, which could save the Beneficiaries time and money when claiming their inheritance. Once the Grantor dies, a revocable living trust becomes irrevocable.

Laws – Title 18-B, Chapter  6 (Revocable Trusts)

How to Write

Step 1 – Download in Adobe PDFMicrosoft Word (.docx), or Open Document Text (.odt).

Step 2 – Enter the name of the Grantor (creator) in the first blank field and include the date below that. Next, include both name and address of the Grantor and the Trustee. Under Article 1, create a name for the Trust and disclose whether this is an amendment to a pre-existing Trust or an original Trust.

Step 3 – Go to Article 4, Section A and provide a list of all property that is to be distributed after the Grantor’s death. The name of the inheritor should be included next to each item.

Step 4 – Continued under Article 4 is Section B, “Personal Property.” The Grantor must select to whom their personal property will be transferred after death; either the Beneficiaries or a specific individual. If the latter has been selected, a name, address, and Social Security number must be provided.

Step 5 – Section C of Article 4 asks for the name and address of the individual who is to be named Pet Caretaker after the Grantor’s death. A second name and address must be included should the first Pet Caretaker be unable to perform the necessary care-taking responsibilities.

Step 6 – Under Part (ii) of Section C – Article 4, select the type of funding the Pet Caretaker will receive. Select the first checkbox and provide a dollar amount if the Pet Caretaker is to receive funding or select the second checkbox if no funding is to be provided.

Step 7 – A “3rd Part Enforcer” is to be selected by the Grantor who will be responsible for ensuring the funding provided to the Pet Caretaker is spent solely on the care for the Grantor’s pets. Enter a name and address in the spaces provided.

Step 8 – The distribution of any residuary property will be divided into equal shares to up to four (4) named Beneficiaries. The names, Social Security or Tax ID numbers, and addresses of these individuals are to be entered in the appropriate spaces under Article 4, Section D.

Step 9 – Under Article 10, the Grantor has the ability to limit the number of times a Beneficiary can ask for an accounting of the Trust’s assets. Enter a number and select either “Months” or “Years” to establish the request limit.

Step 10 – Next, Article 13, Section A must be completed by providing the names and addresses of the appointed Successor Trustee and 2nd Successor Trustee.

Step 11 – To establish the Trustees’ compensation, select one of the check-boxes under Section I of Article 13.

Step 12 – Locate Article 15 and provide a number of days any person must survive the Grantor in order to benefit from the Trust in any capacity.

Step 13 – Article 17 asks for the Grantor’s marital status. If they are married, the Spouse’s name must be entered in the space provided.

Below that, the Grantor must establish what will occur if it is indeterminable who died first – the Grantor or the Grantor’s Spouse. Select either the box marked “Grantor Dies First” or “Grantor Dies Second.”

Step 14 – Enter the names of the Grantor’s children in the space provided under Article 18.

Step 15 – In order to keep the Trust form as detailed as possible, anyone the Grantor specifically does not want to benefit from assets or property within the Trust should be included under Article 21, “Exclusion.”

Step 16 – The Grantor, Trustee, and Successor Trustee must sign, print their name, and date Article 22 to give the Grantor power to revoke the Trust at any point during their life.

Step 17 – The Self-Proving Affidavit must be filled out with the following information:

  • State
  • County
  • Grantor’s signature and the date
  • Trustee’s signature and the date
  • Successor Trustee’s signature and the date
  • 2nd Successor Trustee’s signature and the date
  • Witness #1’s signature and the date
  • Witness #2’s signature and the date

A notary public, if present, should complete the last portion of the affidavit.

Step 18 – All property and assets that are to be transferred into the revocable living trust should be written out on the last page of the document titled “Attachment A.”