Waterville, ME asked in Landlord - Tenant and Probate for Maine

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 will show up and I won't be as prepared as I should be. The issue is its a duplex and my parents live below. There have been issues with the house, I have documentation from landlord previous to death permitting any needed repairs. I have receipts, and have recently been paying oil and water utilities that were excluded from lease. IDEALLY I would be able to assume the mortgage and skip the entire process. He had medical problems I fear that he left no will and it may get foreclosed on. My wife and I will be fine but my retired parents would be screwed trying to find a new place. What can I do?

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1 Lawyer Answer
Daniel J. Eccher
Daniel J. Eccher
Answered
  • Probate Lawyer
  • Winthrop, ME
  • Licensed in Maine

A: 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 having trouble keeping up with what the rent would have been, you would likely have trouble paying for the mortgage.

I am not sure why you would say that your "retired parents would be screwed trying to find a new place." Many apartment facilities are specifically geared toward seniors (55 plus), and if they have a low income, they may qualify for subsidized housing. Try getting help from your Area Agency on Aging (Spectrum Generations/Muskee Center): https://www.spectrumgenerations.org/

Your parents may also be able to get guidance from the Waterville Housing Authority: https://www.watervillehousing.org/

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