Legal Question in Wills and Trusts in Maine

my father passed away Oct 25 2010. he has 4 legal heirs to his estate, :"mariposa land trust". my uncle was placed in charge to handle the will, he entered an agreement with my neice and her boyfriend , against a couple family members will and signed them up for a rent to own plan, meaning, pay rent for 3 years and then that will establish credit to get a loan to buy the house. well we waited and now three years are up. how can we press the issue and get what is rightfully ours? one more thing, my father used a track of land to use as collateral, to cover the mortageof a 40.000$ loan. after he died, my sister said the money from the rent/ mortgage of that land was hers , because the land was in her name. if the land was in her name, could my father uase it as collateral to the mortgage and if so, doesn't it still stand that the money from that land be used to pay off the mortgage? what do I have to do to get whats rightfully mine?


Asked on 12/15/13, 10:24 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Your question mentions both a Trust, as well as a Will. They are different animals to address, however, it seems that the best way to go about determining what steps should be taken are to use your standing as a beneficiary/heir to request an accounting and inventory. That may go more smoothly with the assistance of counsel, as would pressing for a conclusion to the sale of the house.

As far as the other land issue, its possible your sister allowed her land to secure his loan, its possible the land remains in his trust/estate and she is incorrect, its also possible after the loan and before his passing your father deeded the property to her, so a quick title search should be made to find out the facts.

My office handles matters such as these, but you should feel comfortable contacting a competent general practice lawyer in your hometown as well.

www.atrlaw.pro

Read more
Answered on 12/16/13, 8:30 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Maine