Legal Question in Wills and Trusts in Maine
definition of heir
my father dies without a will, he has been married twice and has children from the first marriage. he is married to my mother when he passes away.
are the children from his first marriage considered heirs of his estate?
my mother passed away several years ago and left everything she had to me.
thank you
2 Answers from Attorneys
Re: definition of heir
Maine Probate law defines an estate that does not have a Will as "intestate". Maine law also defines who is eligible to receive distributions from an intestate estate. The spouse who was married to the decedent at the time of his death will take a certain share, as will each of the natural children (not stepchildren).
The actual distribution can be difficult to determine without knowing all of the family facts. Feel free to contact me directly with any further questions.
Re: definition of heir
Yes, they are possible heirs under intestacy statutes. The extent of what they/you get will depend on several factors.
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