Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer: Maine Intestate Succession Without a Spouse and Three Children
When a person dies in Maine without a valid will, they die “intestate.” The Maine Probate Code sets a clear order for distributing an intestate estate. Under 18-A M.R.S. § 2-101, heirs inherit in a specific sequence. In your scenario, the decedent left no spouse but had three surviving children.
Under 18-A M.R.S. § 2-102, where there is no surviving spouse, the estate passes equally to all descendants. Since the decedent had three living children, each child inherits one-third of the remaining estate. The process typically follows these steps:
- The personal representative inventories and appraises all estate assets.
- The personal representative pays valid debts, taxes, and administration expenses.
- The estate divides equally among the three children, giving each a one-third share.
If any child had died before the decedent but left children of their own (the decedent’s grandchildren), those grandchildren would inherit their parent’s share by representation under 18-A M.R.S. § 2-116. In your case, all three children survived, so each receives an equal portion.
Helpful Hints
- Intestate succession: The legal method for distributing assets when there is no will.
- Personal representative: The individual the probate court appoints to manage and close the estate.
- Probate process: Court procedures for proving debts and distributing property.
- Representation: If an heir dies before the decedent, their descendants can step into their share.
- Consult an attorney: A Maine probate attorney can guide you through filings and deadlines.