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?
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... Read more »
Away and now I don’t know what to do. Nothing was in place no well, no nothing.
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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
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... Read more »
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.
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... Read more »
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... Read more »
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... Read more »
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.
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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
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... Read more »
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... Read more »
My mother’s ex husband died 18 years ago, her ex husbands daughter did not have a life with my mother
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,... Read more »
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... Read more »
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?... Read more »
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... Read more »
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... Read more »
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)... Read more »
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),... Read more »
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... Read more »
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... Read more »
answered on Aug 15, 2018
Your mother should write a will in which she nominates you as the Personal Representative (PR) of her estate. I do not know of any form that should be filed with the Probate Court before she passes. After she passes, you would file the will and Petition to court for you to be appointed as PR.... Read more »
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