Legal Question in Real Estate Law in Maine

Re: Will

You first need to examine how the deed is currently held. Is it joint tenancy or tenants in common?

If it is joint tenancy, then the Will does not need to specify what happens to the property as the deed will automaticly pass title to the surviving spouse.

If the deed is tenants in common (or the deed does not specify)then the property will pass via the Will, and most Wills have a clause that indicates any property not specificly identified will pass to "x". If there is no Will the property (if tenants in common) will pass partially to children and partially to the surviving spouse as set forth in Maine's Intestacy Statute.