Legal Question in Wills and Trusts in Maine

My mom was named as an heir in the estate of her sister along with my mom's two brothers. Her sister died in a nursing home at the age of 97. She was surprised when she received the statement from a lawyer handling the case that her brother (the executor) was receiving 65% of the estate, her other brother 35% and my mom 0%. the will was changed in 2003. Before that she was told by her sister that everyone would receive equal. Her brother had told her before the funeral that there was no money left. The nursing home had taken it all. She has seen no disclosure of assets and bills. Does she have a right to see a disclosure, and if so how can she do this?


Asked on 11/04/10, 6:36 am

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

As an heir of the estate she can request the atty for the estate provide an inventory and accounting of the estate, and if it is not she can petition the Probate Court to require it. However, the estate is defined to mean assets that did not pass by joint tenancy at death, so be aware, if the decedent had a joint bank account, it will not be in the estate as an asset.

It is possible to sue someone for misconduct they committed to move the decedent's assets before they died.

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Answered on 11/09/10, 7:01 am


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