Legal Question in Wills and Trusts in Maine
inheritance from will
My mother and father drew up a will in the state of Maine a few years before my mother died of cancer. My parents told me and my five brothers that we would be the beneficiaries of the estate should both parents pass on. My father remarried, however he told us that he never revised or changed his original will, since it was his intent that me and my brothers inherit his estate according to my parents original wishes. Will his one and only original will be valid and carried out even though my father remarried and shares property with my stepmother?
1 Answer from Attorneys
Re: inheritance from will
Most states will not permit a husband to deprive his wife of more than 50% of the estate. The old will is still valid as to the other 50%, but probably the new wife will inherit 1/2. Also, the property they jointly acquire during their marriage, and the property she brought to the marriage, will probably not be included in the estate shared by the children.
Your father should make a new will to catch up with the history of his life and make things easier for his heirs. Perhaps you could speak of these things with him.
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