Bangor, ME asked in Estate Planning, Family Law, Real Estate Law and Probate for Maine

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 mother/ my grandma passed away with no will.

1 Lawyer Answer
Daniel J. Eccher
Daniel J. Eccher
  • Estate Planning Lawyer
  • Winthrop, ME
  • Licensed in Maine

A: 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 split the rest. However, depending on the length of the new marriage and the size of the estate, the new spouse may be entitled to most if not all of the estate. You should seek the advice of a probate attorney as to your specific situation.

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