Legal Question in Wills and Trusts in Maine
Is it possible to appeal a tangible asset in a will if the deceased thought it was real estate and not a tangible asset?
Asked on 1/08/10, 9:49 am
1 Answer from Attorneys
Jerome Gamache
Ainsworth Thelin & Raftice, P.A.
If the estate is in Maine, a beneficiary (or natural heir specifically omitted form the Will) can contest a Will in Probate Court. The basis could be that the deceased's intent was to bequest a specifc asset in a different way than how the Will states. However, the complaining party will bear a heavy burden to overcome the presumption that the Will is valid, and will need solid proof of the intent.
Answered on 1/13/10, 1:38 pm