Legal Question in Wills and Trusts in Maine

Does new wife get it all

my father remarried 2 years after my mom passed. He passed away 6/ his new wife says he made a will 6/7 but he was on morphine and not in his right mind. She nows says everything is hers and is remodeling the home taking out loan. We have seen no will and do not know what has gone to probate She has continued to cash his social security benifits after death. She is buying like crazy with my dads money. Mt mom and dad had 2 children of thier marrige (when house was purchased) My dad has 6 kids from prev. marriage and my mother had 3 kids from a prev. marriage. My dad and his current wife did not have any children togethe but she had a 16 yo son from a prev. relatioship and my father did not provide any support to him and he lived with them briefly. I fear that she is a gold digger as she is 20 years younger thatn him and that some of us children have a right to some part of the estate, but which children or do we all or does she get it all


Asked on 7/10/05, 3:42 pm

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

Re: Does new wife get it all

After a death, the authority to manage that person's estate must come from the Probate Court and Maine law. Usually if there is a Will that names someone to be the Personal Representative of the estate, that PR will present the Will to the Probate Court to obtain the authority. If the person passed away without a Will, then anyone, usually a close family member, can petition the Probate Court to be named an executor to administer the intestate estate. If the new wife is managing the estate without any authority, then another family member can petition the Court for the proper authority to do so. The Clerk at the Court can help you obtain the proper forms.

Feel free to call me at 767-4824 if you would like to discuss this matter further.

Read more
Answered on 7/11/05, 8:26 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Maine