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
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 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 »
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
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 »
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 »
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 »
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 »
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 »
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....Read more »
My dad recently passed, his estranged wife has served me with an eviction notice. For the last 4 years I have lived with my Dad and been his sole care taker (I moved my entire family into his home to care for him). I am even his proxy for VA and SSI. He started the divorce proceedings but because... Read 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...Read more »
My mother passed away in her home in Maine she was letting her cousin stay there for the time being until the summer summer has come along and he is going to leave but he let his nease and her boyfriend move in without asking us now they won't leave the house they are not even related the... Read 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...Read more »
Suggest you contact an elder law attorney as they handle similar issues. You can get them to be able to make decisions but you first want to protect yourself which is why I suggest an elderlaw attorney. They should be a certified elder law attorney.
Due to issues with my mother and my grandfather, I never knew my grandfather. My grandfather passed away in August 2017, and left everything to my father, who died in 2002. The only one that had a relationship with my grandfather, is my second cousin. My second cousin has been excluded from the... Read 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...Read more »
Your questions bring up a number of issues. In answer to your first question: generally, yes, each child should share equally in someone’s estate, unless the person who died indicated that one or more children should not share in the inheritance. In your specific case, based on your second...Read more »
Had lawyer find out she is moving to a different firm and they have no lawyer to take her place . I can not pay another lawyer and need know what kind question I ask in a probate court where other parties are fighting against the Will
I'll make three points: First, if your attorney has entered her appearance on your behalf with the probate court, she needs the court’s permission to withdraw, except in limited circumstances. If the court grants that permission, the court should also be willing to grant you a “Motion to...Read more »
“Joint tenancy with rights of survivorship” would be at least more convenient for you as to title to the house, CU account, and cars. If that were the case, you could avoid having to open your husband's estate in Probate Court to transfer title to those assets if he were to predecease you....Read more »
I hesitated to answer this question because it lacks detail, but if I assume that the check was made payable to your mother, the problem is that she has passed, so she cannot deposit it. The general rule is that a check made payable to someone who has died cannot be cashed or deposited – rather,...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.