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Maine Estate Planning Questions & Answers
Q: How can I get a copy of my POA to dispute its legitimacy?
In spring or summer 2024, a Power of Attorney was drafted for my daughter, but I'm now disputing its legitimacy and need a copy of the document. Unfortunately, she won't provide it to me. I don't remember which lawyer's office created it. Could my doctor's office, financial... View More 
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Anthony M. Avery
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answered on Jul 2, 2025
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answered on Jul 2, 2025
Is the POA for you? If so, then revoke it in writing before a notary. Make several originals and give the revocation declaration to any concerned persons/firms that have your property or might dissipate/transfer your property. Do this now before she takes everything. In any event you... View More
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
answered on May 28, 2024
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
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.
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James L. Arrasmith
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answered on Jan 7, 2024
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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
Q: Will my children be responsible for my debts when I die?
I live in Maine and I'm concerned about what will happen to my debts, including medical bills, when I pass away. I do not currently have a will. I have other outstanding bills besides medical expenses. One of my adult children, who is disabled, lives with me in Maine, while another lives in... View More
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James L. Arrasmith
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answered on Oct 31, 2025
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answered on Oct 31, 2025
Your children will not be personally responsible for paying your debts after you pass away. In Maine, as in most states, debts are paid from your estate—meaning from the money, property, or other assets you leave behind. If your estate does not have enough funds to cover all your debts, creditors... View More
Q: What rights do I have regarding my late father-in-law's house in Maine?
My father-in-law asked us to move into his home to care for him after a series of strokes, so my family and I relocated and provided care. He passed away in April before we updated his end-of-life documents, such as his will. He was estranged from his current wife, who initially agreed to remove... View More
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James L. Arrasmith
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answered on Oct 23, 2025
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answered on Oct 23, 2025
In Maine, your rights turn first on how title to the house was held. If the current wife’s name appears on the deed with rights of survivorship, the property passed to her outside probate and she alone may sell; if she holds as a tenant in common, she owns only her fractional share and the estate... View More
Q: Can transferring property to a revocable trust in ME avoid transfer tax?
I have a property with an existing mortgage that my wife and I own in Maine, and we are planning to transfer it into a revocable trust, with both of us acting as the trustees. We have not yet consulted a tax professional. I've read that Maine has a transfer tax, but there are exemptions. Does... View More
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James L. Arrasmith
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answered on Oct 11, 2025
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answered on Oct 11, 2025
Transferring your property into a revocable trust in Maine usually does not trigger a transfer tax, as long as you and your wife are the current owners and remain the beneficiaries of the trust. Maine’s real estate transfer tax law generally exempts transfers where there is no change in... View More
Q: Effect of adding wife to deed as joint tenant on marital property status in Maine.
I inherited a home before marrying my wife. I want to add her name to the deed as a joint tenant to ensure she inherits it upon my death. However, I am concerned about the implications in case of a divorce, as I want to avoid the home becoming marital property. I've consulted with a trust... View More
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James L. Arrasmith
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answered on Sep 15, 2025
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answered on Sep 15, 2025
Adding your wife to the deed as a joint tenant in Maine would give her legal ownership rights to the property. While this ensures she can inherit the home if you pass away, it also risks the home being considered marital property in the event of a divorce. Maine courts generally treat property... View More
Q: Selling property after father's death without probate, with power of attorney.
I am trying to sell my father's house and land after he passed away. I have the power of attorney, but the deed is not legally in my name, and I haven't gone through probate for his estate. I need advice on the quickest and easiest way to proceed with the sale and whether I can avoid... View More
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Anthony M. Avery
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answered on Jul 23, 2025
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answered on Jul 23, 2025
POA terminated at Principal's death. Hire a ME lawyer to draft a deed for the heirs to convey.
Q: I have a simple will from KY and a general power of attorney. I have moved to Maine and the executor of my will is in KY
Do I need to make a new wheel of power of attorney? I owe no money and have no property except a vehicle which is being put in joint names. Executor has a payment on death for my bank accounts.
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James L. Arrasmith
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answered on May 16, 2025
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answered on May 16, 2025
Since you've moved to Maine, it’s a good idea to review your will and power of attorney to ensure they align with your current circumstances and state laws. While your will from Kentucky might still be valid in Maine, state-specific laws can sometimes impact how certain documents are... View More
Q: How to transfer jointly owned vacation home into revocable trust in Maine?
We have a vacation home in Maine that my wife and I own jointly. We want to put this property into our already established Revocable Trust, which contains all relevant instructions. What steps do we need to take to complete this transfer?
Elliott R. Teel
answered on Mar 27, 2025
answered on Mar 27, 2025
Generally, you just need to have a deed prepared to transfer the property into the trust. If there is a mortgage on the property, that may need to be refinanced. Otherwise, it is a fairly simple matter.
Q: Hello can you tell me what typical commission fees would be on the sale of a 170 acre farm estate?
The property is in central Maine and has easement with Maine Farmland Trust.
Fred Bopp III
answered on Dec 6, 2023
answered on Dec 6, 2023
Typically, the commission fees would be in the range of 5-6%, but they may be negotiable. You should contact multiple brokers and ask what their commission fees would be.
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
answered on Sep 29, 2023
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
Q: What is the eviction process like in a probate related case?
Daniel J. Eccher
answered on Jan 19, 2023
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
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
answered on Oct 20, 2022
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... View More
Q: How do I get beneficiary of estate to vacate the property?
I am legal representative and other beneficiary. It was stated in the will that the property would be sold upon death. I am starting the sale of the property and need her out in 30-45 days. How do I get her out.
Fred Bopp III
answered on Jul 7, 2022
answered on Jul 7, 2022
To properly answer your question, I would need to review the terms of the will. You may need to pursue an eviction action, which can be complicated. You should consult with an experienced attorney.
Q: How do you set up a trust for your house so the state doesn’t take it?
My dad had a heart attack and found he has cancer but only has mainecare. The stare will take the house when he passed and I’m trying to help him so it will be put in his children’s names as a trust.
Fred Bopp III
answered on Jul 13, 2021
answered on Jul 13, 2021
This is a specialized area of the law and you would be best served by contacting and discussing your situation with a Maine attorney who has experience in this area.
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
answered on Jun 28, 2021
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
Q: My Mother lives in Maine, in her will she is going to sell her house to a "friend" for a very reduced rate.
He is now saying every improvement he did on the house while she has been living there he wants taken off the sale price that is in the will is that legal?
Fred Bopp III
answered on Jun 28, 2021
answered on Jun 28, 2021
He cannot dictate the sale price for her house in the will; your mother provides the sale price. That said, he may be able to argue successfully that he is entitled to an offset or credit for the improvements he made to her house against the sale price, but if your mother knows how much of an... View More
Q: How can I protect my home and only be able to leave it to my son in my will and not his wife in case they divorce?
My son and wife are in a rocky relationship. I am leaving him my home (my spouse has died) but I don’t want his wife to get any of it if they divorce.
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Nina Whitehurst
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answered on May 18, 2021
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answered on May 18, 2021
You can leave the house to him in a continuing trust with an independent trustee. There are a lot of issues to consider so you should hire an experienced estate planning attorney to help you.
Q: I have no heirs and would like ideas as to how I might plan for my house and property and savings once I am gone.
I'm not interested in donating to huge charities whose CEOs earn 6-figure salaries.
Fred Bopp III
answered on Feb 23, 2021
answered on Feb 23, 2021
This is a pretty open-ended question, the answer to which will depend on, among other things, your priorities, values, and goals. I would suggest you start a conversation with someone who can help you achieve what you want to accomplish. That person could be a financial adviser or an attorney who... View More
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