Legal Question in Wills and Trusts in Maine
There is no will
My aunt has passed away and she had no will. Here only relatives are nieces and nephews. Will this whole estate go to probate and then everything has to be sold and divided equally? What if one of us wants a portion of the property does that person have to buy their share out?
Asked on 6/18/08, 3:53 pm
1 Answer from Attorneys
Jerome Gamache
Ainsworth Thelin & Raftice, P.A.
Re: There is no will
Yes, without a Will,the estate will be probated by the Court as intestate, which means it is divided between the surviving heirs. It is possible for the heirs to agree for specific items to go to specific heirs, and for the total amount due each to be adjusted, or for there to be money paid to "buy" out the others in a specific item. Otherwise it is liguidated to pay for claims, and heirs.
Answered on 6/18/08, 5:44 pm