Legal Question in Wills and Trusts in Maine

Will created before remarried, will never rewritten

My wife's Grandfather recently passed away. His will was written in 1988 shortly after his wife passed away, leaving everything to my wife and her sister. Her sister was named executrix. In 1991 he was remarried, in 1993 his deed to his house was rewritten to state joint tenancy (no mention of right of survivorship)between he and his 2nd wife. He left behind a small bank account, in his name only, a vehicle with payments, in his name only, and a small CD, also in just his name. His voiced wishes were that his wife not get his house, apparently he should have changed his deed to reflect that, but didn't. His wife's attorney sates that as surviving spouse she is entitled to his bank account, vehicle, and cd, (appr total value $15,000), as well as his house. He left behind unpaid debt of appr. $9600 including funeral expenses. What about what is stated in his will? Are we better off to just let her have it rather than pay probate fees? Her lawyer mentioned something about her claiming homestead allowance of $10,000. Where does that money come from? Who is responsible for clearing his debt? How can we be sure there is not more debt? How do we know if there is a life insurance policy? Thank-you!


Asked on 6/13/04, 12:46 am

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

Re: Will created before remarried, will never rewritten

Maine Statute provides for a spouse of a decedent to receive a "Homestead" allowance of $10,000 that is exempt from claims. 18-A MRSA 2-401. The statute also protects a spouse married after the execution of the Will by allowing for the possibility of the spouse to take a share of the estate as though it were an intestate estate and there was no Will at all. Claims of the estate (funerial expenses, bills) are usually to be paid before Will bequests to beneficiaries, with some exceptions such as the "Allowance" or "exempt" property. If there was Life Insurance, you will find that out only by carefully reviewing the decedent's records.

I cannot provide specific legal advice as to "what you should do" in an area such as this that is complex and based heavily upon the facts, in part since I do not know enough facts. I strongly urge you to seek an in-person consultation regarding administering this estate with a lawyer.

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Answered on 6/17/04, 8:50 am


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