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/.

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... View More

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... View More

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... View More

You should really sit down with an attorney who practices in this area and discuss your objectives. My partner, Cecilia Guecia, has considerable experience in this area and I am sure she would be happy to talk with you. She can be reached at (207) 846-6111.

There are possible sophisticated strategies available, but timing is critical, and you would really want to consult with an attorney who specializes in this area.

A: Yes; in fact, there may be a duty for a person who has control of a will of someone who has died to deliver it to either the Personal Representative named in the will or the Probate Court in the county in which the person died (18-A M.R.S.A. Sec. 2-902). A will simply lets people know how the... View More

Your mother should write a will in which she nominates you as the Personal Representative (PR) of her estate. I do not know of any form that should be filed with the Probate Court before she passes. After she passes, you would file the will and Petition to court for you to be appointed as PR.... View More

First you need to see if he left a will. if so did he name a personal representative, if he did it was probably his wife unless he changed his will after filing for divorce. Second you need to check how the real estate was held ie joint tenants or tenants in common. If joint tenants as most people... View More

You have raised a number of issues. It seems to me as if the most important point is that there is someone living in your deceased mother's house who doesn't have a right to live there. Even if someone has permission from someone else to live there, the person living there should be... View More

You totally have something to do with it ... if you want to inherit the crappy home trailer and anything else that might be in your grandfather's estate. Based strictly on what you are sharing here for information, it seems like you (and any of your siblings) are in line to inherit your... View More

It sounds like you may be concerned that your sister may be taking advantage of your father’s assets. Your first concern should be about your father’s well-being. You could make a report to Adult Protective Services at 1-800-624-8404, but they only get involved in the most serious cases. You... View More

This is a very good question, and the answer depends very much on the specifics of your particular situation. Some of the factors to consider include: the age of your children; whether or not any of them have special needs, credit issues, or difficulty managing money; your long-term goals for your... View More

This question appears to be incomplete, because it lacks a final punctuation mark, but I will answer that generally, the personal representative of an estate is required by statute to "... file or furnish an inventory of property owned by the decedent at the time of his death ...." (This... View More

No, unless he is going to claim that he was a tenant or he loaned her funds. As a Tenant he is entitled to some notice for termination. The only question is did he loan her any money or did she promise him something and can it be proved.

As PR you CAN claim reimbursement from any 'out of pocket' expenses. Be sure to document the payment and amount. This 'reimbursement' is usually not an issue, and you probably SHOULD reimburse yourself.

You can also claim 'wages' for the time and effort put... View More

It depends on the terms of the will. You may be a devisee but the devise to you might be only a few dollars. If you are the only devisee and only beneficiary, you might be entitled to a greater portion of the estate. It just depends. If you think the assets of the probate estate have not been... View More

Assuming everything you have written above is correct, then I do not see any conflict. You all seem to be in agreement that the property should go to your step-mother's children. The only concern I would have is if you or your siblings do not understand whatever document you are asked to sign.... View More

It would be best to talk to an estate planning lawyer about your specific situation, but the short answer is that you could leave your girlfriend a "life estate" in the house in a will (or codicil to an existing will), with the remainder going to your children. The life estate would mean... View More