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?
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... Read more »
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... Read more »
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... Read more »
Away and now I don’t know what to do. Nothing was in place no well, no nothing.
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... Read more »
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 »
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
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... Read more »
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.
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... Read more »
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... Read more »
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.
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... Read more »
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... Read more »
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 »
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 »
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.
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... Read more »
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... Read more »
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... Read more »
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 Apr 21, 2020
The Adult Protective Services agency only gets involved in certain cases that meet a strict statutory framework. It is difficult to know, without more facts, whether the agency did anything wrong in this case. If you believe more should be done, you could try to get law enforcement involved; you... Read more »
My mother’s ex husband died 18 years ago, her ex husbands daughter did not have a life with my mother
answered on Apr 13, 2020
No. Your ex-stepsister would not have any claim to your mother's estate unless your mother had, at some point, left anything to her under a will. In this situation, where she "willed everything" to you, your ex-stepsister's only claim could be under a different or prior will,... Read more »
My wife and I built a house in the state of Maine . She died,no will. The deed has her name and mine on it. We did not put jt or tic on the deed. In Maine if your spouse dies, the deed would go to me as survivor. But the county told me I can not put it in my name because it does not say joint... Read more »
answered on Mar 8, 2020
From the facts as you state them, the deed created a tenancy in common between you and your wife, because that is the default rule in Maine unless the deed states otherwise. What this means is, when she died, her property share passed to her heirs rather than to you as the surviving tenant, so you... Read more »
My mom's Will states house/property to be divided equally between myself and 2 siblings. One sibling has deceased. The will states if a child predeceases my mother (which he did) their part will be equally divided between remaining siblings. My deceased sibling was separated many years but... Read more »
answered on Nov 30, 2019
If your mom’s will truly was written the way you described it, no, the wife has no chance of inheriting.
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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