Legal Question in Family Law in Maine

Re: My death

You first need to consider the deed to the house. If the deed is in your and your wife�s names as �joint tenants,� then after one of you dies, the house would automatically be in the other�s name alone. If you died first, the home would be in your wife�s name. This would be true despite the lack of any will. You could meet with an attorney to discuss having the home put in your names as joint tenants before either of you die.

If the deed is in your name alone, then after you die, the home will be processed as part of your probate estate. If you had a will, it may direct that the house go to your wife. Because you have no will, the house would be grouped together with your other assets and would pass to your family according to a complicated formula depending on who survives you (e.g., your wife, children birthed by your wife, children not birthed by your wife, parents). If your heirs were to disagree how to divide your assets including the house, the house may have to be sold and the proceeds divided accordingly.

Regardless, the house may have to be sold if your estate lacks other sources of paying the outstanding mortgage, your other debts, the costs of administering your estate, and other potential claims.

To answer your question more fully, you should consult with an attorney to review your underlying documents and related items, and to discuss the process and implications with and without a will in light of your specific circumstances.