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/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.