Maine — How to Verify an Executor’s Calculation of Your Share from a Sibling’s House Sale

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Confirming the Executor’s Calculation of Your Share from the Sale of a Sibling’s House (Maine)

This FAQ-style guide explains, in plain language, how to check whether a personal representative (executor) correctly calculated and paid your inheritance share after a sibling’s home was sold under Maine probate rules.

Detailed Answer

1. Identify whether you are entitled to a share and on what basis

First determine how the estate should be divided:

  • If the decedent left a valid will, distribution follows the will’s terms. Ask the personal representative for a copy of the will.
  • If there is no will, state intestacy law controls. Maine’s probate code governs intestate succession and distributions. See Maine Revised Statutes, Title 18‑B (Probate Code): https://www.mainelegislature.org/legis/statutes/18-B/.

2. Ask for the estate accounting and supporting documents

The personal representative has a duty to collect estate assets, pay valid debts and expenses, and then distribute the remaining balance to beneficiaries or heirs. To confirm the math, request the following in writing:

  • Copy of the will (if any) and the probate petition/Letters Testamentary or Letters of Administration.
  • Inventory or list of estate assets, including the listing for the house and the closing statement (settlement statement/HUD‑1 or Closing Disclosure) for the sale.
  • Documentation of liens and mortgages paid from the sale proceeds.
  • Receipts for sale‑related expenses: realtor commissions, closing costs, repairs made before sale, advertisement, and any estate administration fees the estate paid.
  • Accounting or statement showing gross sale proceeds, deductions (mortgage payoff, liens, commissions, closing costs, taxes, estate debts, and approved distributions), and the resulting net distributable estate amount.

3. How to check the calculation (step‑by‑step)

  1. Start with the gross sale price shown on the closing statement.
  2. Subtract mortgage payoff and any lien amounts the title company paid at closing. Verify these amounts against payoff statements from the lienholders.
  3. Subtract closing costs and realtor commissions shown on the settlement statement.
  4. If the estate paid for pre‑sale repairs or cleanup from estate funds, subtract those documented expenses.
  5. From the remaining proceeds, subtract other valid estate debts and allowable administration expenses (funeral, creditor payments, taxes, court costs, executor’s fees if approved).
  6. The remainder is the net distributable estate value attributable to that asset sale. If the house was the principal estate asset, that remainder will drive the distribution calculation.
  7. Apply the distribution rule: either the will’s terms or Maine intestacy rules. If intestate, distribution depends on whether a surviving spouse, descendants, parents, or other relatives survive the decedent (see Title 18‑B).

Hypothetical example

Assume the house sold for $250,000. Mortgage payoff = $80,000. Realtor commission and closing costs = $20,000. Pre‑sale repairs paid by estate = $5,000. Other debts to be paid from the estate = $10,000.

Calculation: $250,000 − $80,000 − $20,000 − $5,000 − $10,000 = $135,000 net distributable from the house sale. If the will leaves the net proceeds equally to 3 siblings, each share = $45,000. If intestate and only siblings survive and they are 3, shares likewise split equally (subject to Maine intestacy priorities).

4. When to expect formal accounting and court oversight

Personal representatives commonly must file inventories and periodic accountings with the probate court or provide them to interested persons. Maine’s probate code establishes duties and the general procedure for administration (see Title 18‑B). If an accounting has been filed with the court, you can obtain the filed accounting from the probate clerk and review it for details.

5. What to do if the numbers don’t add up

  • Request clarification and itemized backup in writing. Ask for copies of the settlement statement, lien payoff statements, receipts, and invoices.
  • Contact the probate clerk — ask whether an accounting has been filed and what the local procedure is to request review or to object to an accounting.
  • If you still believe the calculation is wrong, you may file a formal objection or petition the court to compel an accounting or to settle the personal representative’s account. Courts can require the personal representative to produce documents and explain deductions.
  • Consider hiring a probate attorney if the estate accounting is complex, if you suspect mismanagement, or if you want help preparing a formal objection or petition to the court.

6. Timing and practical notes

Be prompt. Probate matters often have statutory or local deadlines for objecting to accountings or taking other actions. Even when deadlines are not strictly statutory, waiting can reduce options and make recovery harder. If the personal representative has already distributed property without court approval, the court can sometimes reverse or require repayment if distributions were improper.

Relevant Maine authority

Key provisions governing probate administration, duties of personal representatives, inventories, and accountings are found in Maine Revised Statutes, Title 18‑B (Probate Code). Review Title 18‑B for the specific rules that apply to administration and accounting: https://www.mainelegislature.org/legis/statutes/18-B/.

Helpful Hints

  • Put requests in writing and keep copies. A written paper trail helps if you must go to court.
  • Ask for the closing statement first — it shows gross sale price, payoffs, commissions, and closing costs in one place.
  • Compare lien payoff amounts to the mortgage company’s payoff statement; a mismatch is a red flag.
  • If the estate paid for repairs before sale, confirm they were reasonable and actually paid from estate funds.
  • Request the probate docket number and file copies of any documents you receive with the probate clerk so the court record is complete.
  • If you are an interested person (beneficiary or heir), you have standing to demand an accounting and to object to distributions you believe are incorrect.
  • For procedural questions (deadlines, filing objections), contact the local probate court clerk — they can explain filings and forms available at your court.
  • When in doubt about complex tax issues, capital gains, or possible mismanagement, consult a probate attorney. A short consultation can clarify rights and likely outcomes.

Disclaimer: This information is educational only and does not constitute legal advice. It explains general Maine probate procedures and common steps to verify distributions. For advice about your specific situation, consult a licensed Maine attorney who practices probate law.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.