Get free answers to your Probate legal questions from lawyers in your area.
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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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... View 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... View 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... View More

answered on Dec 6, 2018
You can petition the Probate Court to be appointed as personal representative, but if there is a contest, the Probate Code dictates whom must be given priority.

answered on Aug 15, 2018
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
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... View More

answered on May 24, 2018
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
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... View More

answered on May 15, 2018
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
There is also information that needs to be gather such as medical records and property to be claimed. How do I allow her to help me?

answered on Feb 11, 2018
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... View More

answered on Jan 22, 2018
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
She had several life insurance policies and one used to go to me which I am sure he had changed. Can I challange any of this?

answered on Jan 16, 2018
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... View 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

answered on Jan 2, 2018
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... View More
We have a house two cars a truck and he has about 70,000 in credit union plus a ira.... we live in East Millinocket maine

answered on Dec 13, 2017
“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.... View More
Can I deposit? If no, options?

answered on Oct 8, 2017
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,... View More
Am I inherited any of her life insurance money or does her power of attorney get all control of it

answered on Jun 12, 2017
I'm very sorry for your loss.
Now that your mother is dead, the power of attorney that her boyfriend had is no longer in effect.
There are a lot of variables to consider when trying to figure out what happens to her estate generally, and you should definitely contact a probate... View More
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