Legal Question in Wills and Trusts in Maine

Fathers Estate And Bills Owed

My Dad passed away in July and his girlfriend became personal representive of his will (estate). My father left her as the non residential life estate, and once she passes the house would go to my brother and I. She also was left everything else he got. My father owed medical bills and back Social Security. Now his girlfriend says she is not able to pay bills on her house and his house and is turning the house over to my brother and I. Now She is still personal representive of his assests ect, is she reliable for the Social Security he owed or are we going to be if we own the house? My brother and I dont want to be responsible. His house is not worth much and probably is worth what he owes to SSI. If we sell this estate are we going to become reliable for any medical bills and SSS? She is suppose to take inventory of all his other things he left her like 30,000 I bet in tools and he had a truck. We feel she is trying to stick us with bills by turning the house over to us now before she is even deseased. Any advice would be greatly appreciated.


Asked on 10/20/08, 1:16 pm

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

Re: Fathers Estate And Bills Owed

You are not going to incur personal liability for your deceased father's obligations, however, those obligations may eat up most of his assets, including the house if the social security you refer to is actual Mainecare recovery?

However, Maine law provides exemptions to family of certain amounts of assets in an estate from creditors, so you really should invest in working with an attorney if there is any equity in the residence, to determine how much can be protected. Furthermore, if your father's girlfriend has not hired an attorney to assist her with claims against the estate and general administration, she should, or you might want to petition the Court to replace her as Personal Representative.

Read more
Answered on 10/21/08, 5:33 pm


Related Questions & Answers

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