Legal Question in Wills and Trusts in Maine
ex wife may have a will
My husband has recently passed away and had no will drawn up with me. We've been married 10 yrs. My relations with his ex are strained. Any way to find out if there is a previous will without asking her? Also, there is an adult daughter from prev marriage.
If there is no prev will, am I considered the sole heir?
1 Answer from Attorneys
Re: ex wife may have a will
There is no way to find out about an old Will unless one asks the person in possession of it, or unless someone presents it to the Probate Court. If you assume there is no old Will, then a petition to be appointed personal representative to the estate (without a Will) will essentially force someone in possession of an old Will to file it in response.
If there is no Will, then the estate is intestate, and Maine Law provides that an ex-spouse gets nothing, current spouse gets $50,000 plus 1/2 the balance of the estate and surviving children, even if adult, split the remaining 1/2 of the estate.
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