Legal Question in Wills and Trusts in Maine

Does the Superior Court ordered partitioning act void all prior claims/Deeds?

Knox County, Maine: Superior Court ordered Partitioning of an Estate. Receivers were appointed by the court. Accounting was filed and signed as approved by all heirs. No objection to the accounting was filed. The Estate was divided and sold with the heirs reciving their respective amount of funds.The probate was closed. I purchased a portion of this Estate in 1973. I subdivided this property in 1988 and sold one part. I have paid all property taxes on this property since the purchase date. Now one of the heirs has located an ambigious deed from his deceased father dated prior to the partitioning action. The other heirs to the estate reject his claim to my property. Does the Partitioning action of the Superior Court void all prior claims/deeds to my property? Recent changes in law limit liability for those who performed the original title search to 20 years after any possible injury occured which was in 1973.


Asked on 1/04/06, 2:10 am

2 Answers from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Does the Superior Court ordered partitioning act void all prior claims/Deeds?

I would like to give you a quick answer to your question. I would also like to tell you that whatever this heir has purportedly now generated will not be effective in clouding your title.

However, in order for me to do so it would be necessary for me to review the Probate records, the Order, etc as well as the deed and what the state of the recorded title was back at the time of the Probate proceeding.

To the extent that there was proper Probate notice and signed waivers by the heir, it will be extremely difficult for him/her to now challenge that, but I would need to review the paperwork to give more specific and useful information to you.

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Answered on 1/04/06, 9:45 am
James Jenkins Jenkins Law Center PLC

Re: Does the Superior Court ordered partitioning act void all prior claims/Deeds?

This question was sent to me in Arizona, but involves property, litigation and parties in Maine, so I cannot give an opinion. Consult with a Maine attorney at once.

Good luck

James D. Jenkins

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Answered on 1/04/06, 9:58 am


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