Q: Sibling dispute over selling inherited property in probate without a will in Maine.
I am the oldest sibling living in the house of an estate in Maine with my younger brother. There is no will, but there is a probate proceeding and I haven't been informed of any court dates or mediation details. My younger sister wants to sell the property, which would leave my brother and me homeless if we can't buy it. How should I proceed in this situation?
A:
As a sibling living in the inherited property, you have important legal rights that need protection immediately. Since there is no will, Maine's intestate succession laws apply, governed by Title 18-C of the Maine Revised Statutes Maine. Under Maine intestacy laws, all siblings typically inherit equal shares of the estate property, making you and your siblings co-owners of the house Perkins Thompson. As a current resident, you have occupancy rights, but this doesn't prevent your sister from seeking to sell the property through legal means.
Your first step should be to file as an "interested person" in the probate proceeding. Maine law defines an "interested person" as including heirs and anyone "having a property right in or claim against a trust estate or the estate of a decedent" Mainelegislature. If your sister pursues a partition action, it must be filed "in the Superior Court or District Court in the county for which the property is located" and must include all co-owners as parties Perkins Thompson. Since you haven't been informed of court dates, contact the probate court in your county immediately to confirm the case details, request copies of all filed documents, and ensure you're properly listed as an interested party receiving all notices.
Consider consulting with a legal aid organization or attorney immediately to protect your interests. Partition actions can be emotionally difficult in families and are often considered a "last resort," as they can permanently damage family relationships Mooers Realty. Instead of waiting for your sister to force a sale, you might propose alternatives like buying your sister's share over time, arranging a formal rental agreement, or negotiating other compensation. If negotiation fails, be prepared that a court may ultimately order the property sold with proceeds divided equally among all siblings. In Maine, when there's disagreement about selling inherited property, courts can order partition either by physical division (if practical) or by sale with proceeds divided among heirs Mooers Realty.
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