Legal Question in Wills and Trusts in Maine

Re: stepmother's rights

There is no "right" answer, of course. However, as a practical matter, if the residence is marital but is just in his name, you could insist it be put in both your names since it is your house, too. If you divorced the Court would likely award you the house or equity from it so why should it be any different if he dies? Is there any life insurance to pay to you? sometimes a large policy is taken out so that the house goes to the step kids but life insurance money goes to the spouse.

If the house is not put jointly into your name and there is no life insurance set up, there is still a statute in Maine that allows for a spouse to elect to take 1/3 of the estate of a deceased spouse, even if left out of the Will. Unfortunately this can cause bad feelings with the step children, but that is the situation caused by the Spouse who leaves everything to his kids and nothing to his wife.