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Maine Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Maine on
Q: How can I transfer the house we live in from my husband to myself due to his terminal illness?

My husband is terminally ill with not very much time unfortunately. The house we live in is in his name only regarding mortgage and deed. He is also on Mainecare. He left me everything in his will but can Mainecare still come after the house?

Daniel J. Eccher
Daniel J. Eccher
answered on May 28, 2024

You need to consult with a lawyer who knows MaineCare rules. You may be able to transfer your husband's interest in your home to yourself if you have specific "gifting" authority in his Power of Attorney. Generally, gifts from a MaineCare member to their spouse are allowed under the... View More

1 Answer | Asked in Probate and Real Estate Law for Maine on
Q: Can you pay off all estate debts at once after probate is finalized?

For reference, I live in the State of Maine. My father passed away with no will or life-insurance. There are multiple estate debts which include the mortgage, small credit card debt, as well as back child-support he owed to California. If I were to go through with probate to secure the house, would... View More

Anthony M. Avery
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answered on Feb 29, 2024

You need to consult with an attorney in the County and State where your Father died. With that many debts, probate might be a disaster and should be avoided. Then again probate may be required to marshal up certain assets. Do not file this probate yourself, hire an attorney to file this or... View More

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My husband passed away and medical bills are coming in. Am I responsible for paying for them? I live in Maine

Our home is paid for, vehicles also.

James L. Arrasmith
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answered on Jan 7, 2024

In Maine, whether you are responsible for your deceased husband's medical bills largely depends on various factors, including the nature of the debts, your husband's estate, and whether you were a joint account holder or co-signer on any of his debts. Generally, the estate of the deceased... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Maine on
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... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Sep 29, 2023

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... View More

1 Answer | Asked in Foreclosure and Probate for Maine on
Q: My mother passed away and left the house with a reverse mortgage. Do I have do deal with it or can I walk away.

There is no will. A friend of hers had power of attorney and took care of her bills. The last of her bank account was used to cremate her and there are no liquid assets. There is another person still living in the house that doesn't seem motivated to move out that had lived there for free in... View More

Nina Whitehurst
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answered on Jul 20, 2023

Yes, you can step back and do nothing. The lender will foreclose and acquire the house and the heirs will have no personal responsibility to pay the reverse mortgage.

1 Answer | Asked in Landlord - Tenant and Probate for Maine on
Q: Can a house that is going through probate in Maine be rented out? If so, how does this get initiated legally?

My mother passed last summer. House is still in probate, but her will left it to her five adult children. Can we legally rent the house out before the title is transferred to us? If so, how do we go about setting up the rental agreement?

Daniel J. Eccher
Daniel J. Eccher
answered on May 22, 2023

Probably, yes; it is quite common for people to rent real estate that is in probate. The "landlord" is technically the probate estate; the person with control would be the Personal Representative (PR) of the estate. If no one has been appointed as PR of the estate, you should petition the... View More

1 Answer | Asked in Real Estate Law and Probate for Maine on
Q: finding a deed when it is not at the registry of deeds because it was unorganized territory we have a will giving it to

husband and brother were given land over 40 years ago. it is in unorganized territory which subsequently became indep. there is not a place in centerville to obtain land records any more. we have been to the court house and there is no record of the deed. all parties that were grantors are... View More

Anthony M. Avery
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answered on Apr 19, 2023

I have no idea what County you are referring to. But if no recorded Deed is in in existence, then the heirs might make claim (possibly arguing by adverse possession) and file a Quiet Title suit with publication notice. If the Will was Probated, then the Probate Court is your source of title and... View More

1 Answer | Asked in Probate, Foreclosure and Landlord - Tenant for Maine on
Q: My mom and a house mate bought a house together. The housemate file chapter 7 of part of the house that she owns mom pas

Away and now I don’t know what to do. Nothing was in place no well, no nothing.

Daniel J. Eccher
Daniel J. Eccher
answered on Feb 17, 2023

Your mother's half of the house is now part of her probate estate, so you (or another heir) need to open probate by filing an application with the local probate court to be appointed as "Personal Representative" (PR; formerly known as "Executor") of her estate. Then, you... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Maine on
Q: What is the eviction process like in a probate related case?
Daniel J. Eccher
Daniel J. Eccher
answered on Jan 19, 2023

The eviction process in a probate case is very much like the usual eviction process, with a couple of key differences. Usually, it is the Personal Representative of the estate who stands in the shoes of the landlord. The Personal Representative gives the tenants facing eviction proper notice, and... View More

1 Answer | Asked in Probate for Maine on
Q: Sister signed sale paperwork on 1/8 stating my kids and I will vacate the premises by 1/27, am I entitled to more time?

Went to court 12/13/22 for a petition I filed to have my sister removed as personal representative of my dad's estate due to some mishandling of things and the judge decided on a supervised administration with a realtor and for us all to work in good faith with them to sell the home, including... View More

Carl T Williams
Carl T Williams
answered on Jan 10, 2023

You may be able to obtain an extension of time depending on provisions set forth in the agreement you executed. I would need to review the specific provisions set forth in the agreement and applicable court orders.

1 Answer | Asked in Estate Planning, Probate and Civil Litigation for Maine on
Q: Do I have a right to move into a vacant home that I’m half owner of to protect it while waiting for probate to end?

I inherited a house 50/50 with my sister. She’s agreed to sell me her share but won’t allow me to move in even though I own half of it and the house is empty. She has her own house. It’s doubtful the case will go to probate and someone needs to watch the house and protect it from break ins as... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Oct 20, 2022

You should hire a lawyer to advise you about this situation.

Based on what you have said, it appears as if title to the house rests with the estate. Therefore, no one has a right to occupy the property until and unless it is deeded to them.

You should be able to negotiate a lease...
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1 Answer | Asked in Probate and Child Custody for Maine on
Q: Can my 16 year old go to probate and say she wants to live with me rather than her mother?

She been living primarily with her mother and her husband. The mother and husband have threatened her physically repeatedly. She does not feel safe and does not want to return there

Daniel J. Eccher
Daniel J. Eccher
answered on Jul 20, 2022

Without delay, you should call Child Protective Services at 1-800-452-1999.

Then, you should go to your local District Court and file for a Protection from Abuse Order on the teen's behalf. The filing fee is free; you can file it for free on the child's behalf. For more...
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1 Answer | Asked in Probate for Maine on
Q: Maine Probate law. I was told by an attorney that the PR can add people to the will.

The will had already been registered and excepted prior to the amendment. The lawyer said that with probate law they can do what ever they want.

Daniel J. Eccher
Daniel J. Eccher
answered on May 26, 2022

If you are a beneficiary of this estate, you should hire a lawyer to fight such an after-the-fact “amendment” to the will. The concept of amending a will after it has been admitted to probate is so outrageous that I laughed at the above statement. If a lawyer really said this, all I can think... View More

1 Answer | Asked in Landlord - Tenant and Probate for Maine on
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... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Jul 13, 2021

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... View More

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My partner died after 34 years living together I wasn't on the will.

My partner has two properties one in Maine and one in Florida

Fred Bopp III
Fred Bopp III
answered on Jun 28, 2021

If you and your partner were either married or registered domestic partners under Maine law, then you likely have certain rights under Maine law, despite the terms of the will. If not, then unfortunately you likely do not have any such rights. You should consult with an experienced estate planning... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Maine on
Q: My dad passed away two years ago and my stepmom passed a year ago,my step brother has taken over the house ,

We know of nothing will wise and he has taken over everything do I have any right to the house,as of this year the house is still in my dad's name even at the town,his name hasn't been removed from the tax title and no other name is on it

Fred Bopp III
Fred Bopp III
answered on Feb 22, 2021

More facts are needed to answer this question, but assuming upon your dad’s death, title to the house passed to your stepmom and, upon your stepmom’s death, title to the house passed to your stepbrother, then you would need to have an enforceable agreement or right with respect to the house... View More

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My brothers and siblings took everything jewlery,trains,etc that was of value without reporting it to the probate court.

What can I do? I have a lawyer, he hasn't petitioned the court. My Brother's lawyer keeps telling me its going to take away my part of the Estate if I pursue this.

Fred Bopp III
Fred Bopp III
answered on Jan 3, 2021

You should talk with your attorney about your available rights and remedies under the circumstances.

1 Answer | Asked in Probate for Maine on
Q: What do you do when a you cannot find a deceased persons deed to home and title to car?
Daniel J. Eccher
Daniel J. Eccher
answered on Sep 28, 2020

In Maine, most deeds are available online at the county registry's web site: http://www.maineregistryofdeeds.com/

A replacement for a lost car title can be requested from the Bureau of Motor Vehicles: https://www.maine.gov/online/bmv/mvtr/

It may be helpful to consult with a...
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1 Answer | Asked in Real Estate Law, Municipal Law and Probate for Maine on
Q: How to clear the house title

My gram passed (no will) and her husband passed 6 moths later (no will step kids only) After she passed he never titled the house in his name. the hiers from my gram are all on the same side. gramps parents and siblings are all passed. Does the title to the house stay with my grams estate since he... View More

Anthony M. Avery
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answered on Sep 14, 2020

Hire an attorney in Maine to conduct a title search. You have not stated what estate the grandparent had. Once the title is determined, then the heirs at law are determined. Heirship needs to be determined up to the present, and these are owners as tenants in common. A complex Affidavit of... View More

3 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Maine on
Q: My mom was married 33 years her husband passed on April 8th his son served her with eviction this week can he do that

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

Fred Bopp III
Fred Bopp III
answered on Apr 22, 2020

I am sorry, but there aren't enough facts provided to answer your question. Your mom should contact the Maine Center for Elder Law at 207-467-3301 and https://mainecenterforelderlaw.com/.

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