Legal Question in Wills and Trusts in Maine

Re: Next of kin

If your mother passed away without a Will, the Maine law of intestacy applies. Her surviving spouse (your stepdad) would take 50% of her estate and you as the only child you take 50%. There are some homestead exemptions and other specific details that would affect the final distributuion but that is the basic statutory scheme. You would need to file a petition to be appointed the executrix of her estate in order to assert a legal claim or gain authority of your step-relatives. Police do not usually want to be involved in civil matters without Court Orders.

The key to understanding the situation is what was her estate. While that obviously is personal belongings, it would not include anything titled jointly such as bank accounts, cars, and even the home. It is common for spouses to hold joint title which may mean most of her accounts and property did pass to your step-father via joint tenancy but not through the estate.

The only way to really have standing and research her assets is to be appointed by the Probate Court as executrix. I do suggest you contact an atty to assist you further if you want to proceed. That could be my office or we can suggest someone more local to you as well.