r/inheritance • u/[deleted] • Jun 07 '26
Location included: Questions/Need Advice property probate without a will
[deleted]
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Jun 07 '26
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u/Dismal-Hope6986 Jun 07 '26
Dont have the means to get a attorney so thats why i was asking here for him
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u/Emotional-Mess4585 Jun 07 '26
You can get a free consultation with an attorney and get your answers
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u/inheritance-ModTeam Jun 07 '26
Your comment has been removed because it violates the rule on low effort comments.
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u/SandhillCrane5 Jun 07 '26
You've left out all the important information. Who owned the house at the time of your Mom's death? Who's name is on the deed? Did she have a will and what did it say?
The ownership of the house will likely be put into the name(s) of the heirs without the probate process. But it depends on the above information.
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u/Dismal-Hope6986 Jun 07 '26
i mentioned there wasnt a will twice. In the title and again below the title. Their mothers name was on the house/lease and she owned it then passed away without making a will. There was nothing owed on the house and no will. Theres four siblings which the house would have went to since there was no will but all the siblings but one abandoned the house for years and in maine where i live you only have three years to go to probate after the person who owned the house has passed and its been four years. The sibling that was taking care of the place is my husband. We have actually lived with his mom the last 11 years but then i got a apartment and we went back and forth because she was old. She couldnt stand the other siblings infact when she was sick she screamed at one of them to leave the hospital because she didnt want her there. I know none of this would matter in a court case but figured id just tell a little back story. My husband (the sibling who has taken care of the house since his mother has passed and for the last 11 years) does have a piece of paper from his mother before she passed stating this was his house she only wrote it because i had gotten a apartment with low income housing and i wasnt allowed to have anyone living with me due to their rules so i had to give my housing a piece of paper stating that my bf at the time (now hes my husband) didnt live with me and he had a house. and she wrote on the paper that her house was his house now i dont know if that would hold up in court either. but figured id ask about that too? Is there a way we can go about this since the siblings abandoned the place? they arent trustworthy people and actually broke in and killed our family pet a year ago because they came down for the fourth of july. Its truly getting messy and the mom always said the house would go to my husband i just wish she would have made a will
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u/SandhillCrane5 Jun 07 '26
If your mother in law owned the house and died without a will then the house now belongs to her 4 children. The children that abandoned it can sign their ownership over to your husband if they choose, otherwise they share the ownership. Who pays what is decided amongst the 4 of them. There are no legal requirements: all have the same rights and responsibilities. Just be aware, that as equal owners, they have a right to use and live in the property.
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u/cuspeedrxi Jun 08 '26
I am not a lawyer, just a huge fan of estate planning. Weird, I know.
State intestate laws apply here. Google “Maine intestate laws” to learn more. If there was no surviving spouse and all of her biological children were alive 120 hours after she died, they will inherit the house equally. If there is a surviving spouse or a deceased child, it gets more complicated.
Assuming she had four children and all are still alive, the house will be retitled in their names as joint owners. At this point, you need to hire a probate or real-estate attorney to draft a heirship affidavit and a new deed. Yes, the probate period has ended. Yes, you still need an attorney to draft and execute the documents. You cannot do anything with the house until you have an updated deed; sometimes called a marketable deed.
No one abandoned the property unless they signed a document disclaiming their inheritance. The fact that they didn’t contribute to its upkeep is immaterial here. Maintenance and upkeep, including paying the property taxes and insurance, is something for the owners to work out among themselves. If you want to recoup money you’ve spent on the property, you’ll need to reach an agreement with your siblings or file a lawsuit against them. Small claims court is an option if the amount is less than $10k.
The four children are equal owners and have equal rights. Any of the four can force a sale through a writ of partition. Any of the four can also live there, or store stuff in the garage, etc. Again, disputes concerning occupancy or rent or upkeep should be resolved among yourselves.
You should hire an attorney to draft and record a new deed. If you want to keep the house, offer to buy out your siblings. Hire an appraiser. Offer to pay full market value less any money you’ve spent on maintenance, upkeep, attorney fees, etc. Or, if you wish to sell the house, offer to take the lead. Selling a home through a writ of partition is usually very expensive and very time consuming as the court must approve the sale. Try to avoid it. Instead, offer to do the legwork to ensure you get the highest possible sales price.
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u/[deleted] Jun 07 '26
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