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... Read more »
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... Read more »
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... Read more »
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.
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.
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.
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.
My partner has two properties one in Maine and one in Florida
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... Read more »
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?
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... Read more »
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.
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.
I'm not interested in donating to huge charities whose CEOs earn 6-figure salaries.
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... Read more »
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
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... Read more »
My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she died?
answered on Feb 22, 2021
More facts are needed to answer this question, but assuming upon your wife’s death, title to the home will pass to someone other than you, then yes, that person would typically have the right to exclusive possession of the property, which means you could be removed, assuming you do not have an... Read more »
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.
answered on Jan 3, 2021
You should talk with your attorney about your available rights and remedies under the circumstances.
Can a Maine lawyer get the proper POA paperwork or do I have to go to NYC to take care of this?
answered on Jan 3, 2021
Generally, yes, a Maine lawyer can create a valid power of attorney for your use with respect to transactions that will occur in Maine. For transactions that will occur in NY, a separate power of attorney should be prepared by a NY attorney, which will be valid in NY. You should also keep in mind... Read more »
I submitted previous question regarding Living Trust question but wanted to try to clarify better.
Wondering about a Living Trust for home and property upon my death (with money from sale of property designated to non-profits and charities), with my brother as trustee, ,,,,,,,(,I did... Read more »
answered on Jan 1, 2021
A properly drafted trust will cover the possibility of your brother predeceasing you. You should raise this issue with the attorney that is drafting this trust for you. If you don’t have an attorney drafting this trust for you, then you should because, as it should be evident to you, you do not... Read more »
I am single, age 70, no children or partner. I have 1 brother and no close relatives but 1 nephew who I do not want to inherit from me. I own a home and property. I wanted to leave my house and property to charity but if I die before my brother I did want him to benefit from proceeds of the... Read more »
answered on Dec 29, 2020
A living trust would be a good option. For one thing, a trust is a private document, and is generally harder to challenge than a will. By avoiding probate with a trust, you make it more difficult for your nephew challenge your plan or have money go to him through your brother. Your brother could... Read more »
The 96 y/o lives in property he once owned but it has been his daughters for the past seven years. He has no interest in the real property not even a life estate. He has a live in gf and he drafted a will giving her everything. Can she stay In the residence for any amount of time ?? I know the... Read more »
answered on Nov 15, 2020
To start to analyze your question, I would need to know on what basis the 96 y/o is currently occupying the property. For example, is it pursuant to a lease with his daughter/the property owner? If there is a lease, the likely answer is its terms will govern.
answered on Apr 29, 2020
The short answer is yes. Whether you should use a living trust or some other form of ownership to hold the property is a separate question, the answer to which will depend on your circumstances and what you are trying to accomplish.
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
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/.
answered on Feb 10, 2020
There is no age requirement; "elder law" or "elder care law" encompasses disability law as well.
Elder care lawyers usually attract clients over 60, but many of the issues they handle (e.g., how to plan for long-term care, how to protect public benefits for someone who... Read more »
the house before and put money away but a creditor comes back for more $ than the house sold is the estate liable?
answered on Oct 21, 2019
I am sorry for your loss. If the creditor received proper notice under 18-C M.R.S. § 3-801(1), Notice to creditors, and failed to present its claim within 4 months after the date of the first publication of the notice, then this statute provides that creditor’s claim is forever barred. Your... Read more »
I received a letter in the mail that the state of Maine wants 89,000 from the money left after my aunt passed away.She was in a nursing home but paid a partial amount every month out of her own pocket.The state of Maine covered the rest.The letter states that I can contest this.My question is... Read more »
answered on Jan 2, 2019
It's not possible to give meaningful guidance with such little information. Are these demands from the state related to Medicaid payments for your aunt's medical care? If not, what is the demand related to? If for medical bills, you would have to compare what your aunt paid, and... Read more »
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