Legal Question in Wills and Trusts in Maine

Son in law passed away 3 months ago with out a will. So my young daughter is going through probate and has done every thing she is suppose to do. Her husbands 2 older children in their 20's have caused alot of problems. In short they want a free ride they want the house and all his things. My daughter has an attorney. However today she got a letter saying they want her removed from being the personal represenitive. She has not done any thing wrong. She has paid the bills and maintained the property. Can they do this? they are trying to say she didnt account for every thing and she did? shouldnt they have to prove that? These children never gave thier deceased dad the time of day. And he didnt have any thing of any value. He left my daughter and his young handicapped step daughter behind.

Also we are thinking we should file a suit for the emotinal pain and suffering they have caused? Any thoughts? this is so rediculous.


Asked on 1/27/11, 8:37 pm

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

Unfortunately it seems as though anyone can write a letter and ask for anything they want, even if it does not have a legal basis and causes stress. As a surviving spouse, your daughter has solid rights to a portion of the estate and with a disabled child I think the Court will not look favorably on the efforts of the other children to pick aprt her efforts. Unless something outrageous occurs you cannot sue them for emotion distress as you are wondering. Your daughter's estate lawyer will presumably handle this situation. I am suprised the deed to the house is not in joint tenancy between the spouses before he died, because if it was it is not part of the estate and not subject to the children's claims.

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Answered on 2/09/11, 2:50 pm


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