Legal Question in Wills and Trusts in Maine

Re: Rights of heirs with no will

Thank you for your question. If your mother passed away without a will, then in legal terminology she passed away "intestate". This term means that Maine Statute will apply a specified method of distribution of assets to the remaining family. If her husband is alive, he will be entitled to a portion, as will her children.

However, being entitled to receive a portion of assets is not the same as enjoying current possession and management of assets. That responsibility falls upon the personal representative of the estate, who is appointed by the Probate Court.

Therefore I cannot answer your question directly without knowing if the estate has been presented to the Probate Court for intestate administration and if a Personal Representative has been appointed. It is also important to know how the real estate was titled. Was it in your mother's name alone, or was it held jointly with another? If so the home may not even be part of her estate.

I hope that this information has been helpful. Feel free to contact me directly by email or telephone for any desired additional discussion.