Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your situation.
Detailed Answer
Under Maine law, a surviving spouse who inherits under intestacy may choose to take a life estate in the decedent’s real property instead of accepting the outright intestate share. A life estate grants the surviving spouse the right to occupy and use the property for life. When the spouse dies, the property passes to the remainder beneficiaries defined by law or the decedent’s estate plan.
Key steps and requirements:
- Election Deadline: File a written election within 4 months after the personal representative’s appointment. See Me. Rev. Stat. tit. 18-C, §2-402: legislature.maine.gov/statutes/18-C/title18-Csec2-402.html.
- Form of Election: Submit a signed, notarized statement to the probate court and serve it on the personal representative and other heirs.
- Irrevocability: Once filed, you cannot revoke the election.
- Property Covered: The election applies only to real property that qualifies as the decedent’s homestead under Me. Rev. Stat. tit. 18-C, §3-102.
If you do not file within the statutory period, you forfeit the right to take a life estate and automatically receive your intestate share under Me. Rev. Stat. tit. 18-C, §2-102: legislature.maine.gov/statutes/18-C/title18-Csec2-102.html.
Statutory Framework
- Me. Rev. Stat. tit. 18-C, §2-102 (Distribution of intestate estate)
- Me. Rev. Stat. tit. 18-C, §3-204 (Surviving spouse’s election for life estate)
- Me. Rev. Stat. tit. 18-C, §2-402 (Time for election)
Helpful Hints
- Prepare early: Gather deeds and ownership records to confirm homestead status.
- Meet deadlines: Track the 4-month election period from the personal representative’s appointment.
- Understand expenses: A life estate holder may bear maintenance, taxes, and insurance costs during life.
- Notify heirs: Serve all interested parties with your election to avoid surprises and delays.
- Get advice: Discuss tax and estate-planning implications with a probate attorney.