Legal Question in Wills and Trusts in Maine

My mother died two weeks ago. I do not have a good relationship with my sister who is the named executrix of the will. I am not a name beneficiary in the will due to my sisters manipulation. However I was asked to sign a waiver so that the will can be probated as written. What are my rights as next of kin? I would also like to use the waiver as leverage against my sister only receive a memento of my mother and father. Is this possible? Thank you!


Asked on 3/18/12, 7:28 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

There are no rights of inheritance for children if they are left out of a valid Will. There is still a right as an omitted heir to notice of all Probate proceedings. However, if the Will is not valid, it can be challenged and if it is not valid, then the Maine intestacy statute provides for children to equally inherit the parent's estate. I do not have enough information to comment on the waiver. You should consult further with any attorney. www.atrlaw.pro

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Answered on 3/19/12, 5:34 am


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