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NellieBly

Member
What is the name of your state (only U.S. law)? ME

Tell me if I'm wrong (and I know you will). My mother's husband passed away. He may or may not have left a will. My mother said he did not, despite the fact that prior to her husband's death, we drove them to his lawyer's office. When they came out, my mother said her husband's will was written decades ago (prior to their marriage in 2004) and she was not in it. Yes, the lawyer asked him why he didn't include her.

He also left annuities, some of which were also in her name. These aren't a problem. My sister knows all about annuities (she sells them) and explained everything. My mother's name is also on the deed to their home. Not a problem.

To cut to the chase, is there any arguments you could give me to try to convince my mother to hire a lawyer to help her sort this out? She's 82 and stubborn as all get out. She thinks that just because the annuities are in reasonable order, everything else is.

Her husband had considerable assets and unbeknownst to her, transferred a lot of them to his relatives prior to their marriage.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? ME

Tell me if I'm wrong (and I know you will). My mother's husband passed away. He may or may not have left a will. My mother said he did not, despite the fact that prior to her husband's death, we drove them to his lawyer's office. When they came out, my mother said her husband's will was written decades ago (prior to their marriage in 2004) and she was not in it. Yes, the lawyer asked him why he didn't include her.

He also left annuities, some of which were also in her name. These aren't a problem. My sister knows all about annuities (she sells them) and explained everything. My mother's name is also on the deed to their home. Not a problem.

To cut to the chase, is there any arguments you could give me to try to convince my mother to hire a lawyer to help her sort this out? She's 82 and stubborn as all get out. She thinks that just because the annuities are in reasonable order, everything else is.

Her husband had considerable assets and unbeknownst to her, transferred a lot of them to his relatives prior to their marriage.
Anything held jointly passes to your mother with no need for an attorney.

Anything that has a beneficiary on it (annuities usually do) passes straight to that person with no need for an attorney.

Anything that he gave away prior to his death does not require an attorney and anything he gave away prior to his marriage to your mother is none of her business.

An attorney might be needed if anything has to go through probate. Otherwise, I am not sure what you think she needs an attorney for?
 

NellieBly

Member
Can one disinherit a spouse in ME?

How about obtaining a new deed for the house? Does she need a lawyer for that?

At any rate, he really was a nice person and we miss him. Just so you know.
 

LdiJ

Senior Member
Can one disinherit a spouse in ME?

How about obtaining a new deed for the house? Does she need a lawyer for that?

At any rate, he really was a nice person and we miss him. Just so you know.
A spouse is entitled to 1/3 of the estate even if the will does not give that to the spouse.

Check out this site:

http://info.legalzoom.com/wills-maine-4124.html

Yes, an attorney would be helpful in getting a deed changed. (if its necessary to change the deed)
 

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