Houlton, ME asked in Elder Law and Estate Planning for Maine

Q: My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she die

My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she died?

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1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Yarmouth, ME
  • Licensed in Maine

A: More facts are needed to answer this question, but assuming upon your wife’s death, title to the home will pass to someone other than you, then yes, that person would typically have the right to exclusive possession of the property, which means you could be removed, assuming you do not have an enforceable agreement or right to remain on the property that would survive her death and the transfer of title to the home to someone other than you.

It sounds like this situation likely could be addressed by some advance planning around these issues. My partner, Cecilia Guecia, practices in this area and I am sure she would be happy to discuss these issues further with you. Her telephone number is (207) 846-6111 and her email is cguecia@boppguecia.com.

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