Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Daniel J. Eccher
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Maine on
Q: If a Parent dies after remarrying and then dies with no will before the stepparent does, do the children get any inherit

State Maine. Dad remarried. If he dies with no will before her will my siblings and I still be entitled to an inheritance or will she get everything and be able to pass it all on to her children instead since she lived longer?

This also is the situation that my mother was in when her... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Sep 29, 2023

The answer to this question requires a close analysis of the facts and the law. Generally speaking, if someone remarries and then dies without a will, the new spouse would be entitled to at least part of the estate of the person who died, and his or her children by a previous relationship would... View More

1 Answer | Asked in Landlord - Tenant and Probate for Maine on
Q: Can a house that is going through probate in Maine be rented out? If so, how does this get initiated legally?

My mother passed last summer. House is still in probate, but her will left it to her five adult children. Can we legally rent the house out before the title is transferred to us? If so, how do we go about setting up the rental agreement?

Daniel J. Eccher
Daniel J. Eccher
answered on May 22, 2023

Probably, yes; it is quite common for people to rent real estate that is in probate. The "landlord" is technically the probate estate; the person with control would be the Personal Representative (PR) of the estate. If no one has been appointed as PR of the estate, you should petition the... View More

1 Answer | Asked in Probate, Foreclosure and Landlord - Tenant for Maine on
Q: My mom and a house mate bought a house together. The housemate file chapter 7 of part of the house that she owns mom pas

Away and now I don’t know what to do. Nothing was in place no well, no nothing.

Daniel J. Eccher
Daniel J. Eccher
answered on Feb 17, 2023

Your mother's half of the house is now part of her probate estate, so you (or another heir) need to open probate by filing an application with the local probate court to be appointed as "Personal Representative" (PR; formerly known as "Executor") of her estate. Then, you... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Maine on
Q: What is the eviction process like in a probate related case?
Daniel J. Eccher
Daniel J. Eccher
answered on Jan 19, 2023

The eviction process in a probate case is very much like the usual eviction process, with a couple of key differences. Usually, it is the Personal Representative of the estate who stands in the shoes of the landlord. The Personal Representative gives the tenants facing eviction proper notice, and... View More

1 Answer | Asked in Estate Planning, Probate and Civil Litigation for Maine on
Q: Do I have a right to move into a vacant home that I’m half owner of to protect it while waiting for probate to end?

I inherited a house 50/50 with my sister. She’s agreed to sell me her share but won’t allow me to move in even though I own half of it and the house is empty. She has her own house. It’s doubtful the case will go to probate and someone needs to watch the house and protect it from break ins as... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Oct 20, 2022

You should hire a lawyer to advise you about this situation.

Based on what you have said, it appears as if title to the house rests with the estate. Therefore, no one has a right to occupy the property until and unless it is deeded to them.

You should be able to negotiate a lease...
View More

1 Answer | Asked in Probate and Child Custody for Maine on
Q: Can my 16 year old go to probate and say she wants to live with me rather than her mother?

She been living primarily with her mother and her husband. The mother and husband have threatened her physically repeatedly. She does not feel safe and does not want to return there

Daniel J. Eccher
Daniel J. Eccher
answered on Jul 20, 2022

Without delay, you should call Child Protective Services at 1-800-452-1999.

Then, you should go to your local District Court and file for a Protection from Abuse Order on the teen's behalf. The filing fee is free; you can file it for free on the child's behalf. For more...
View More

1 Answer | Asked in Probate for Maine on
Q: Maine Probate law. I was told by an attorney that the PR can add people to the will.

The will had already been registered and excepted prior to the amendment. The lawyer said that with probate law they can do what ever they want.

Daniel J. Eccher
Daniel J. Eccher
answered on May 26, 2022

If you are a beneficiary of this estate, you should hire a lawyer to fight such an after-the-fact “amendment” to the will. The concept of amending a will after it has been admitted to probate is so outrageous that I laughed at the above statement. If a lawyer really said this, all I can think... View More

1 Answer | Asked in Landlord - Tenant and Probate for Maine on
Q: Got a lease 10/1/20 for 1 year and month to month after. Landlord passed 01/21. Haven't heard a peep. He lived in NY.

I went as far as calling the bank, then calling the probate court,, getting the lawyers name, calling and leaving a voicemail and have not heard anything. Reecntly financial troubles arose I had to dip into the saved rent money and now do not have what I would technically owe. I am fearful someone... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Jul 13, 2021

You are in a very tenuous situation; you should be looking for a new home for both you and your parents that you can afford. It seems as if you have paid for repairs, but you have not guarantee that you will ever be reimbursed for that. Do you know how much the mortgage payments are? If you are... View More

3 Answers | Asked in Divorce and Estate Planning for Maine on
Q: How can I protect my home and only be able to leave it to my son in my will and not his wife in case they divorce?

My son and wife are in a rocky relationship. I am leaving him my home (my spouse has died) but I don’t want his wife to get any of it if they divorce.

Daniel J. Eccher
Daniel J. Eccher
answered on May 18, 2021

You should sign a Will that names your son, alone, as the beneficiary of your home. You could also register a "transfer on death deed." The most effective (and expensive) would to put the house in a trust for your son's benefit. You should consult with a lawyer who practices both... View More

View More Answers

3 Answers | Asked in Estate Planning for Maine on
Q: Is a Living Trust good for me.

I am single, age 70, no children or partner. I have 1 brother and no close relatives but 1 nephew who I do not want to inherit from me. I own a home and property. I wanted to leave my house and property to charity but if I die before my brother I did want him to benefit from proceeds of the... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Dec 29, 2020

Your situation seems to lend itself to a "testamentary trust" - that is, setting up a trust for the benefit of your brother in your will. That way, your estate could benefit him for the rest of his life (if he survives you), and you could say where the remainder goes after he passes away... View More

View More Answers

1 Answer | Asked in Probate for Maine on
Q: What do you do when a you cannot find a deceased persons deed to home and title to car?
Daniel J. Eccher
Daniel J. Eccher
answered on Sep 28, 2020

In Maine, most deeds are available online at the county registry's web site: http://www.maineregistryofdeeds.com/

A replacement for a lost car title can be requested from the Bureau of Motor Vehicles: https://www.maine.gov/online/bmv/mvtr/

It may be helpful to consult with a...
View More

3 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Maine on
Q: My mom was married 33 years her husband passed on April 8th his son served her with eviction this week can he do that

The son took the safe out of house 2 days before his father died refuses to tell her if there is a will She is 81 And can’t afford d a lawyer what r her rights the house did belong to her husband but his son took deed over before he died son claims

Daniel J. Eccher
Daniel J. Eccher
answered on Apr 23, 2020

It is possible that he can serve her with an eviction notice, especially if he was, in fact, added to the deed as a joint tenant before his father died. Whether the son is on the deed could be verified at the county Registry of Deeds (most records can be found online at... View More

View More Answers

1 Answer | Asked in Probate for Maine on
Q: When dhhs Adult protective services in maine they never closed the case after 30 days never called us or stepped in
Daniel J. Eccher
Daniel J. Eccher
answered on Apr 21, 2020

The Adult Protective Services agency only gets involved in certain cases that meet a strict statutory framework. It is difficult to know, without more facts, whether the agency did anything wrong in this case. If you believe more should be done, you could try to get law enforcement involved; you... View More

1 Answer | Asked in Probate for Maine on
Q: can A daughter of a ex husband who died 18 years ago get property of my mother deceased where she will’d everythingtome?

My mother’s ex husband died 18 years ago, her ex husbands daughter did not have a life with my mother

Daniel J. Eccher
Daniel J. Eccher
answered on Apr 13, 2020

No. Your ex-stepsister would not have any claim to your mother's estate unless your mother had, at some point, left anything to her under a will. In this situation, where she "willed everything" to you, your ex-stepsister's only claim could be under a different or prior will,... View More

2 Answers | Asked in Estate Planning for Maine on
Q: What is the age requirement for a person to be counselled by an elder care lawyer?
Daniel J. Eccher
Daniel J. Eccher
answered on Feb 10, 2020

There is no age requirement; "elder law" or "elder care law" encompasses disability law as well.

Elder care lawyers usually attract clients over 60, but many of the issues they handle (e.g., how to plan for long-term care, how to protect public benefits for someone who...
View More

View More Answers

2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Landlord - Tenant for Maine on
Q: I am being forced to vacate my residence with 3 days notice, no legal document or reason. My mother owns the structure.

Owned a trailer for 12 years in a seasonal RV park. We violated no RV park rules (posted online). I was accused of theft one town away (returned property/misunderstanding) not arrested or charged with any crime. We're being forced to vacate, no eviction notice, no documentation. Is this legal?... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Jul 18, 2019

I think you should each get your own lawyer. If you (the daughter) have a low income, you may be able to get help from Pine Tree Legal Assistance (they have a great web site: www.ptla.org). Your mother, if she is over 60, should be able to get help from Legal Services for the Elderly... View More

View More Answers

1 Answer | Asked in Elder Law for Maine on
Q: I’m looking to buy my mother’s house and wanted to know a few legal questions.

I’m buying my Moms house. She is 85 and wants to live with us but the home is small. She is giving me a deal on the home so that I can borrow more money, which she would receive and then gift me back the money so we could put on a second level. The question is, will Medicaid be able to take the... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Apr 25, 2019

On first blush, without knowing the details, I would advise that you and your mother delay this plan until she has consulted with an Elder Law attorney who has experience with Medicaid (known in Maine as “MaineCare”) applications. The situation you described is fraught with the potential to a)... View More

2 Answers | Asked in Probate for Maine on
Q: If my dad died without a will, can the probate court designate me as the executor?
Daniel J. Eccher
Daniel J. Eccher
answered on Dec 9, 2018

Priority of appointment of a “Personal Representative” of an estate (Maine’s term for the executor) is set in statute. According to 18-A M.R.S.A. Sec. 3-203, the order of priority is the surviving spouse of the person who died, the surviving domestic partner, other heirs (such as a child),... View More

View More Answers

2 Answers | Asked in Estate Planning for Maine on
Q: What are you recommendations for writing an Advanced Health Care Directive on my own?
Daniel J. Eccher
Daniel J. Eccher
answered on Nov 5, 2018

Not knowing anything about your situation, I would recommend that you talk to a lawyer, because if you are thinking about preparing an Advance Health Care Directive, you may want a Durable Power of Attorney and a Last Will and Testament as well. However, if your situation is urgent, the Maine... View More

View More Answers

1 Answer | Asked in Estate Planning for Maine on
Q: Is there ever a reason you'd go through probate if a will exists?
Daniel J. Eccher
Daniel J. Eccher
answered on Sep 25, 2018

A: Yes; in fact, there may be a duty for a person who has control of a will of someone who has died to deliver it to either the Personal Representative named in the will or the Probate Court in the county in which the person died (18-A M.R.S.A. Sec. 2-902). A will simply lets people know how the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.