Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified Maine attorney regarding your specific situation.
Detailed Answer
When an heir to real property in Maine is a minor, the law protects the child’s interest by requiring court oversight or the use of a custodian. The minor cannot legally consent to sell or transfer real estate. Here are the primary options under Maine law:
1. Guardianship Sale via Probate Court
A guardian of the minors estate may petition the probate court for authority to sell, mortgage, or lease a minors real property. Under Maine Probate Code §5-504, the guardian must:
- File a petition in the Superior Court (Probate Division)
- Notify interested parties, including relatives and the minor (through a guardian ad litem)
- Obtain court approval through a hearing
- Provide a bond and comply with any court-ordered conditions
See Maine Revised Statutes, Title 18-B, §5-504: Selling, mortgaging or leasing an infants real estate.
2. Conservatorship or Trust Administration
If the decedent left a trust or named a conservator for the minors inheritance, the trustee or conservator manages and may sell the property under the terms of the trust instrument or court order. Actions require strict adherence to fiduciary duties and, if necessary, a court petition under 18-B M.R.S. §5-601 et seq.
3. Uniform Transfers to Minors Act (UTMA)
Maines UTMA (33 M.R.S. §1002–1007) allows a donor to transfer property—including real estate—directly to a minor under the management of a custodian until the child reaches the statutory age (18 or 21, depending on the gift terms). The custodian can sell or encumber the property for the minors benefit without probate court supervision.
See Title 33, §1004: Duties and powers of custodian.
4. Partition Action
If multiple heirs (including adults) inherit and cannot agree on holding or selling the parcel, any co-owner may file a partition action in Superior Court to divide or sell the land. The court appoints a guardian ad litem to protect the minors interests throughout the proceedings.
Helpful Hints
- Start early: Probate and guardianship proceedings take time.
- Keep detailed records: Track all court filings, notices, and appraisals.
- Secure a bond: Courts require guardians to post a bond to protect the minors equity.
- Consider costs: Court fees, appraisal and legal fees reduce net proceeds.
- Consult counsel: A Maine estate or real estate attorney can guide you through petition drafting and hearings.