Legal Question in Real Estate Law in Maine

tenants in common, next of kin

I own property with my brother as tenants in common. If i pass away the property would go to my next of kin, who would be my husband, correct? I want my share to go to my daughter. Can I will it to her somehow?


Asked on 2/26/06, 6:34 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: tenants in common, next of kin

You are correct that as a tenant in common, you have a divided interest in the real estate that will pass to your heirs if you pass away without a Will (which may be your husband), or if you do have a Will, you can specify that this ownership pass to whomever you like (such as your daughter). The will should direct that your personal representative convey a deed from your estate of your interest to your beneficiary. It might be a good idea to work on this with an attorney, but you do not have to, since Maine Law will recognize a Will drafted by someone for themselves if it complies as a "holographic" Will under the statute.

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Answered on 2/27/06, 1:35 pm


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