Maine Revised Statutes

Me. Rev. Stat. tit. 36, § 4078 (2026)

Persons liable

✓ current as of May 2026
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Personal representatives, trustees, grantees or donees under nonexempt conveyances or nonexempt gifts made during the life of the grantor or donor and persons to whom beneficial interests shall accrue by survivorship are liable for the taxes imposed by this chapter with interest, as provided, until the taxes are paid. For purposes of this section, the terms "nonexempt conveyances" and "nonexempt gifts" mean any transfer to a person which is includable in the federal gross estate of the decedent and with respect to which no deduction is allowed in computing the federal estate tax liability.   [PL 1981, c. 451, §7 (NEW).]
If the tax or any part of the tax is paid or collected out of that part of the estate passing to or in possession of any person other than the personal representative in the personal representative's capacity as such, that person is entitled to a reimbursement out of any part of the estate still undistributed or by a just and equitable contribution by the person whose interest in the estate of the decedent would have been reduced if the tax had been paid before the distribution of the estate or whose interest in the estate is subject to an equal or prior liability for the payment of tax, debts or other charges against the estate.   [RR 2025, c. 1, Pt. F, §15 (COR).]
SECTION HISTORY
PL 1981, c. 451, §7 (NEW). RR 2025, c. 1, Pt. F, §15 (COR).
Notes of Decisions
Cited in 2 cases, 2012–2013 · leading case: Judy A.S. Metcalf v. State Tax Assessor, 2013 ME 62 (Me. 2013).
Judy A.S. Metcalf v. State Tax Assessor, 2013 ME 62 (Me. 2013). · cites it 4× “§ 4065(1), and become personally liable for unpaid estate taxes, 36 M.R.S. § 4078. “Personal representatives .”
Metcalf v. State Tax Assessor (Me. Super. Ct 2012). “" 36 M.R.S. § 4078 (2011). Petitioner's argument is that the Maine tax statutes cannot be construed, at least in a constitutional manner, to impose personal liability upon her for taxes due on a Maine asset that had passed out of the estate before her appointment as personal…”
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