Legal Question in Wills and Trusts in Maine

Re: Real Estate

Maine statute does provide some protection for spouses to prevent them from being cut off entirely from inheritance by their husband/wife. However, if the property is deeded to her alone, or to her and her children jointly, then you do not have much control over the disposition of the property upon her death, even if you put marital money into repairs.

Before you put money into the repairs is the right time to have the difficult discussion to be sure you both agree on what to do. A better mechanism for controlling the property may be for a Limited Liability Company to be formed to hold the real estate and you and your wife can each hold equal shares and she can pass those shares along to her children as she wishes, but your investment will be more protected by your shares.

Estate Planning is complex and should only be done by an attorney after all of the client's goals and all facts are known. I do not know what the best solution is for you based upon the limited information you have provided, but I would be willing to assist you further is you wish. Thank you.

Re: Real Estate

MA does provide limted protection to spouses to protect them from being disinheritated. If someone dies without a Will the spouse with children's estate would be divided 1/3 surviving spouse and 2/3 children.

If the deed to her home is in the name of her and her children as joint ownership with survivorship, then the home will pass directly to the children.

I assume the Apartment Building is owned by the two of you as Tenants in Common meaning that her half goes to her estate.

You need to have a discussion with your wife and decide on how things should be handled. You should contact an attorney and have an estate plan done as well as looking at the nature of your holdings and deciding how to handle structure ownership.

Please feel free to contact me if you have more questions.