Legal Question in Real Estate Law in Maine

inherited real estate property

I reside in Massachusetts. My dad was from Mass also and passed away 1.5 years ago. He willed me a cabin in Maine. The property is still in his name (I continue to pay the mortgage). I want to sell it so do I have to change it over to my name or just show proof that it was left to me?


Asked on 3/25/07, 7:04 pm

2 Answers from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: inherited real estate property

Although your father was a Mass resident and his Will was probated in that state, if he owned real property in Maine (ie- the cabin he willed to you)then Ancillary Probate needs to be administered in Maine so that the Probate Court for the County in which the cabin is located "approves" the transfer of the cabin from the Personal Representative of the estate to you. This is required even if you are the Personal Representative. Although it will take a few months and involve some cost, (less than $1,000) this process should be largely administrative and not require any appearance by your Maine attorney of yourself in Court. It is not uncommon for me to assist clients from out of state with Ancillary Probate for vacation homes in Maine.

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Answered on 3/26/07, 7:57 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Inherited real estate property in Maine

You do not say if the estate has been or being probated.

The State of Maine has rules and laws about what is required. You may want to contact a Maine attorney.

Otherwise, you can contact me with any more questions.

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Answered on 3/25/07, 8:58 pm


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