Legal Question in Wills and Trusts in Maine
Spousal rights for will that predates marriage
My stepfather sudden passed away and left a will that dates back to a year before he and my mother married. The will leaves everything to his children from a previous marriage, and was never appended to include my mother. With my mother not being named in the will and not being on the deed to the house does she have any legal entitlement to the home. The main concern is will she have a place to live and what about property within the home that holds sentimental value or was purchased jointly?
1 Answer from Attorneys
Re: Spousal rights for will that predates marriage
Maine's Probate Code has a specific section that deals with this occurance. See 18-A MRS 2-301. Unless it can be shown that she was intentionally left out, or that life insurance was used to replace a share of the estate, then the omitted souse is entitled to $50,000 plus 50% of the estate.
Property received jointly with the deceased as gifts should be considered to be the surviving spouses property.
As to possession of the residence while the matter winds through Probate Court it is doubtful to me that a Judge would allow the surviving spouse to be evicted by a Personal Represtative anytime soon. The Judge would give her time to either "buy" out the home with the remainder of her share, or sell the property and give her plenty of time to move. That could take a long time.
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