Legal Question in Family Law in Maine
marriage
If a person has been divorced and owns their own home and the get re-married but has a will leaving the house and all assets to the 4 children from the previous marriage, does the new spouse have any legal claim to the home in the event of the owners death?
1 Answer from Attorneys
Re: marriage
It's difficult to say without knowing all of the precise facts, the specific will language and the record ownership of the real estate. As a general rule, a surviving spouse may elect against a will in order to get a percentage of the deceased spouse's Estate. If the will simply left everything to the children and nothing to the spouse, it seems that the surviving spouse may indeed have a claim.
Since it would depend on the specific facts, I would need to discuss it further to provide a more specific example.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
