What Happens if You Die Without a Will in Maine?
What happens if you die without a will in Maine? When there is no will, state law gives solutions. Each state has laws that regulate who will:
- administer (wrap up) the estate
- inherit the property,
- take care of any minor children.
If you die in Maine without a will, your properties will be distributed to relatives who are closest to you, according to your state’s laws of “intestate succession”. Only assets that transfer through probate are subject to laws in intestate succession. Since the probate process doesn’t apply to a lot of valuable assets, laws in intestate succession do not apply. Here are several such examples:
- property you have moved to a living trust
- proceeds from a life insurance policy with a specified beneficiary
- assets in a named beneficiary 401(k), IRA, or any other such retirement account
- securities kept in a TOD account (transfer-on-death)
- real estate that has a deed that transfers ownership upon death
- transfer-on-death-registered vehicles
- bank accounts with a payable-on-death clause,
- property that you share ownership with another person under tenancy by the entirety or joint tenancy.
Whether or not you make a will, your assets will transfer to the remaining beneficiary you chose or co-owner. However, the law of intestate succession will transfer the property in the absence of a will and when none of the beneficiaries named in the will survive the testator. If you have questions concerning these assets, or if you are involved in a case where there was no will left upon death, consult our Maine Estate Planning Attorney.
Dealing with inheritance law issues can be intimidating and stressful to surviving family. Because of this, it is strongly recommended that you consult Jackson & MacNichol’s South Portland inheritance rights attorneys. Our estate planning law firm can help you in learning about and understand your state’s inheritance laws. If you need help in creating a will, set up a free estate planning and asset protection strategy session with us now.
Maine Probate Court: How Does it Work?
If you are a Maine resident and die without a will, your “probate” estate will be administered according to Maine probate statutes. Joint tenancy real estate, joint bank or investment accounts, and life insurance or annuity contracts with a designated beneficiary are often not included in the probate estate.
Not like in some other states, your entire probate estate does not always transfer to your surviving spouse under Maine’s intestacy law. The amount of your probate estate that transfers to your surviving spouse (or registered domestic partner) depends on the size of your estate and whether you leave surviving issue (your lineal descendants—children, grandchildren, great-grandchildren, etc.) or surviving parents.
Here is a quick rundown:
- If you die with: children, without a spouse
What happens if you die without a will: children will inherit everything - If you die with: spouse, without any parents or descendants
What happens if you die without a will: your spouse will inherit everything - If you die with: spouse, as well as your and that spouse’s descendants
What happens if you die without a will: spouse gets worth $50,000 from the intestate property and half of the balance; descendants receives everything else - If you die with: spouse, a minimum of one descendant, and someone who is not the spouse
What happens if you die without a will: spouse receives half of the intestate property; everything else will be inherited by the descendant - If you die with: parents and spouse, but with no descendants
What happens if you die without a will: spouse receives worth $50,000 in intestate property, as well as half of the balance; everything else will be inherited by your parents - If you die with: parents, yet you have no spouse nor any descendants
What happens if you die without a will: parents will inherit everything - If you die with: siblings, yet no spouse, parents, or descendants
What happens if you die without a will: everything will be inherited by your siblings
The Share of the Spouse
If you’re married and die without leaving a will in Maine, your spouse’s inheritance is determined by whether you have surviving parents or any descendants (such as children, grandchildren, great-grandchildren). Your spouse will inherit your entire intestate property if there is none. If you have, your property will be divided as follows between them and your spouse:
if you die leaving behind parents yet do not have any descendants. Your living spouse will inherit the first $50,000 of your intestate property, as well as half of the remaining.
If you die leaving behind children or any other descendants who are from you as well as your living spouse. Your living spouse will inherit the first $50,000 of the intestate property, as well as half of the balance.
If you die leaving descendants but they are not your surviving spouse’s descendants. Your spouse receives half of the intestate property.
Registered domestic partners in Maine are subject to the same rules as married persons.
Shares of Children
If you die in Maine without leaving a will, your children will inherit an “intestate share” from your estate. The amount of share of each child is determined by the number of children you have, regardless if you are or are not married and regardless if your spouse is also your children’s parent.
In order for children to inherit from you under intestacy laws, your children must be legally considered as your children by the state of Maine. This isn’t a difficult issue for many families. However, most of the time it is not clear. Below are some facts to remember.
- Adopted children. Your legally adopted children, like your biological children, will inherit an intestate share. Me. Rev. Stat. Ann. tit.18-A, 2-109.
- Stepchildren and foster children. Stepchildren and foster children who have never been legally adopted won’t be given a share.
- Children who were put up for adoption. Children who you put up for adoption and legally adopted by a different family won’t get a share unless the adoption decree expressly provides for the inheritance rights’ continuation. However, if your spouse adopted your biological children, your children’s intestate inheritance will not be affected. Me. Rev. Stat. Ann. tit.18-A, 2-109.
- Posthumous children. A child whom you have conceived but was not born prior to your death will be entitled to a share. Me. Rev. Stat. Ann. tit.18-A, 2-108.
- Children who are born outside marriage. If you weren’t married to your child’s mother when she gave birth to him/her, they would inherit a share of your estate if:
1. you took part in a void marriage ceremony,
2. you will adopt the children,
3. you affirm your paternity in written form through a notary public,
4. your paternity is legally established by Maine law. - Grandchildren. Grandchildren will only get a share if their parent (your daughter or son) is no longer living to inherit his or her share. Me. Rev. Stat. Ann. tit.18-A, 2-106.
This is a complex and confusing area of law, and as such if you still have more questions concerning your relationship with your child or your parent, you should talk to a Maine estate planning attorney.
Is the State Going to Take Your Property?
If you die without a will and have no heirs, your estate will “escheat” into the hands of the state. However, since the laws are designed to give your property to any person who is even vaguely related to you, this very seldom happens. For instance, if you leave behind a spouse, a child, parents, grandchildren, grandparents, siblings, nephews, nieces, cousins, uncles, aunts, or great-grandparents, your property will not be taken over by the state.
Other Intestate Succession Laws in Maine
Below are several more facts concerning intestacy laws in Maine.
- Survivorship period. A person has to survive you for 120 hours in order to inherit under Maine’s intestate succession laws. Therefore, if you and your brother become involved in a vehicle accident and your brother dies a few hours later, his estate will not receive any of your property. Me. Revised Statute Ann. tit.18-A, 2-104.
- Half-relatives. “Half” relatives inherit the same as “full” relatives. That means, if you have the same father but not the same mother, your sister has the same claim to your property just as if you had the same set of parents. Me. Revised Statute Ann. tit.18-A, 2-107.
- Posthumous relatives. If your relatives were born before you died but conceived before you died, they are to inherit as if they were born when you were still living. 2-108, Me. Rev. Stat. Ann. tit.18-A.
- Immigration status. Regardless of whether they are US citizens or not, or are legally residing in the US, relatives who are entitled to an intestate share of your estate will inherit. Me. Rev. Stat. Ann. tit.18-A, 2-112.
- Advancements. If you gifted property to a relative during your lifetime, the worth of the gift is deducted from the share of your relative only if you wrote it down or if your relative confesses it in writing. Me. Rev. Stat. Ann. tit.18-A, 2-110.
If an Heir Has Died
Obviously, a deceased heir cannot inherit. However, if the heir was a close relative, such as the deceased person’s child, his or her children may be entitled to a share or all of what their parent would have gotten. It might be difficult to determine if this is the case, but it is critical that you do so prior to transferring assets.
Requirements for Survivorship
An heir may be required to live a specified period of time longer than the deceased in order to inherit under intestate succession rules. The required time is 120 hours, or 5 days, in various states. In certain states, however, an heir just has to outlast the deceased individual by any amount of time—in theory, 1 second would suffice. Many states have passed legislation (the Uniform Simultaneous Death Act) stating that for inheritance purposes, each individual is considered as if he had survived the other.
Rights of Descendants of a Deceased Heir
Intestacy laws often state that if one of a group of heirs dies, his or her offspring inherits his or her parent’s share. Put another way, they stand in for the parent. When it comes to inheritance, children (or, in certain situations, grandchildren) stand in the place of their deceased parent (or grandparent) under this principle (known as the “right of representation”). Depending on state law, determining who should inherit can be difficult.
Caring for Minor Children
Parents who have small children and create a will usually designate someone to be their children’s personal guardian. But, if a guardian is required and no will exists, how does the court know who to appoint? In that case, the judge will try to find out as much as possible about the children, their families, and the wishes of the parents who have died before making a decision. The basic criterion is that the judge should always act in the children’s best interests.
Maine South Portland Estate Planning Attorneys
Are you looking for a lawyer that will answer your questions concerning what happens if you die without a will in Maine? Do you need a lawyer who will listen to your estate planning or inheritance rights concerns? Do you need a lawyer who can offer legal services tailored to your specific business law requirements? Is your estate planning attorney well-versed in Maine law? Contact the lawyers at the law firm of Jackson & MacNichol in South Portland, Maine right now! We provide a free estate planning and asset protection strategy session.
