Legal Question in Wills and Trusts in Maine

My parents have been gone 10 years for mother 14 for father, the will was never probated as i am the only living heir, all bills have been paid and i have paid the taxes for the past 10 years, i would like to put the property in my name i was told i just have to type up a deed of distribution and file it.

Asked on 7/24/16, 6:37 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

You will not be able to deed the property to yourself, as the time for opening the estate has passed. What you can do, is file an affidavit with the registry of deeds of the county wherein the property is located stating that the previous owner has passed away and that you are the only heir. If you were to transfer a property, you could deed the property to someone else (assuming you are in fact the sole owner, please see below), and the deed would reference, and should contain the recitations of, any affidavit filed regarding your status as the only heir.

However, it may not be that simple. Depending on how your parents owned the property (as Joint Tenants or as Tenant in Common) and/or if there were any other living heirs at the time of your parents deaths, there may be others with claim to ownership of the property as well. Depending on the information above, an affidavit may not be all that is needed.

Please feel free to reach out to our office at (207) 767-4824 if you would like assistance in this matter.

Jerome Gamache

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Answered on 7/26/16, 9:35 am

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