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Maine Probate Questions & Answers
3 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Maine on
Q: My mom was married 33 years her husband passed on April 8th his son served her with eviction this week can he do that

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

Fred Bopp III
Fred Bopp III 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/.

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1 Answer | Asked in Probate for Maine on
Q: When dhhs Adult protective services in maine they never closed the case after 30 days never called us or stepped in
Daniel J. Eccher
Daniel J. Eccher 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 »

1 Answer | Asked in Probate for Maine on
Q: can A daughter of a ex husband who died 18 years ago get property of my mother deceased where she will’d everythingtome?

My mother’s ex husband died 18 years ago, her ex husbands daughter did not have a life with my mother

Daniel J. Eccher
Daniel J. Eccher 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 »

3 Answers | Asked in Real Estate Law and Probate for Maine on
Q: what type of deed do i have ???

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 »

Fred Bopp III
Fred Bopp III 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 »

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1 Answer | Asked in Probate for Maine on
Q: can legally married but long separated sister-in-law and adult grandchild get inheritance from mom's estate ?

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 »

Nina Whitehurst
Nina Whitehurst 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.

1 Answer | Asked in Probate, Elder Law and Estate Planning for Maine on
Q: Should I contest the amount the state of Maine wants from my deceased aunts estate?

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 »

Ben F Meek III
Ben F Meek III 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 »

2 Answers | Asked in Probate for Maine on
Q: If my dad died without a will, can the probate court designate me as the executor?
Fred Bopp III
Fred Bopp III 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.

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1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My mother is alive and agrees to be appoint me her PR for when she passes. What probate form should I submit now?
Daniel J. Eccher
Daniel J. Eccher 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.... Read more »

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: Can my Dad's astranged wife kick me out? Or take control of my dads estate?

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 »

Robert Guillory Esq
Robert Guillory Esq 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... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maine on
Q: I have a squatter problem in my deceased mother's house.

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 »

Daniel J. Eccher
Daniel J. Eccher 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... Read more »

1 Answer | Asked in Workers' Compensation, Lemon Law, Probate and Wrongful Death for Maine on
Q: I’m an only child who’s dad passed away. Can I give permission for one of his siblings to help me make decisions?

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?

Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in Probate and Estate Planning for Maine on
Q: Grandfather died,left everything to my deceased father. My cousin wants me to sign a non-compete form. Why?

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 »

Joe Lewis
Joe Lewis 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... Read more »

1 Answer | Asked in Probate for Maine on
Q: Is there such thing as a childs fair share in maine? My brother was my mothers P>O>A and she passed a month ago.

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?

Daniel J. Eccher
Daniel J. Eccher 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... Read more »

1 Answer | Asked in Probate for Maine on
Q: what kinds question I ask in probate court ?

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

Daniel J. Eccher
Daniel J. Eccher 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... Read more »

1 Answer | Asked in Probate for Maine on
Q: Married live in Maine everything is in husbands name only. In his will it all goes to me. Problems??

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

Daniel J. Eccher
Daniel J. Eccher 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.... Read more »

1 Answer | Asked in Probate for Maine on
Q: My mom cashed in her life insurance policy and passed before the check came . We have a joint checking account.

Can I deposit? If no, options?

Daniel J. Eccher
Daniel J. Eccher 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,... Read more »

1 Answer | Asked in Family Law and Probate for Maine on
Q: My mother died and I am her only son. She lived with her boyfriend who was her p.o.a due to her illness. Do i get inheri

Am I inherited any of her life insurance money or does her power of attorney get all control of it

Joe Lewis
Joe Lewis 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...
Read more »

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: I probated my mom's will 5 months ago. My sister's lawyer asked for a detailed list of my mom's Estate.

She just asked yesterday. Am I legally bound to do it because it said during 3 months

Daniel J. Eccher
Daniel J. Eccher answered on May 10, 2017

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... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Maine on
Q: Estate issue with two parents (Dad/Stepmom) who died without wills.

Our father died without a will in 2012. His home in Frankfort Maine went to his wife, our stepmom, the surviving widow.

It seems that she, and her family never got the property legally put into her name. She died this past fall, also without a will, and her children are having trouble... Read more »

Daniel J. Eccher
Daniel J. Eccher answered on Jan 31, 2017

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.... Read more »

1 Answer | Asked in Probate for Maine on
Q: Can an heir with "power of attorney" take the property and assets of bank accounts legally before death?
Smilie Gregg Rogers Esq
Smilie Gregg Rogers Esq answered on May 18, 2013

If the power of attorney is effective (powers are sometimes conditioned on events (such as a determination of lack of capacity) and are not therefore always immediately effective) and the principal did not communicate any revocation of the agent's powers to the agent, then it is likely that... Read more »

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