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 »
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 »
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
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
My mother passed away in her home in Maine she was letting her cousin stay there for the time being until the summer summer has come along and he is going to leave but he let his nease and her boyfriend move in without asking us now they won't leave the house they are not even related the... Read more »
You have raised a number of issues. It seems to me as if the most important point is that there is someone living in your deceased mother's house who doesn't have a right to live there. Even if someone has permission from someone else to live there, the person living there should be...Read more »
Your questions bring up a number of issues. In answer to your first question: generally, yes, each child should share equally in someone’s estate, unless the person who died indicated that one or more children should not share in the inheritance. In your specific case, based on your second...Read more »
Had lawyer find out she is moving to a different firm and they have no lawyer to take her place . I can not pay another lawyer and need know what kind question I ask in a probate court where other parties are fighting against the Will
I'll make three points: First, if your attorney has entered her appearance on your behalf with the probate court, she needs the court’s permission to withdraw, except in limited circumstances. If the court grants that permission, the court should also be willing to grant you a “Motion to...Read more »
“Joint tenancy with rights of survivorship” would be at least more convenient for you as to title to the house, CU account, and cars. If that were the case, you could avoid having to open your husband's estate in Probate Court to transfer title to those assets if he were to predecease you....Read more »
My mother passed away 3 years ago but my father is still living with Alzheimer's disease. She recently put him in an "Assisted living home" he doesnt even remember he owns a gorgeous Condo on the ocean and my sister says they had no investments! I know they did.
It sounds like you may be concerned that your sister may be taking advantage of your father’s assets. Your first concern should be about your father’s well-being. You could make a report to Adult Protective Services at 1-800-624-8404, but they only get involved in the most serious cases. You...Read more »
I hesitated to answer this question because it lacks detail, but if I assume that the check was made payable to your mother, the problem is that she has passed, so she cannot deposit it. The general rule is that a check made payable to someone who has died cannot be cashed or deposited – rather,...Read more »
This question appears to be incomplete, because it lacks a final punctuation mark, but I will answer that generally, the personal representative of an estate is required by statute to "... file or furnish an inventory of property owned by the decedent at the time of his death ...." (This...Read more »
Assuming everything you have written above is correct, then I do not see any conflict. You all seem to be in agreement that the property should go to your step-mother's children. The only concern I would have is if you or your siblings do not understand whatever document you are asked to sign....Read more »
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