Maine Renunciation of Legacy in Favor of Other Family Members

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US-0670BG
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Description

In the law of inheritance, wills and trusts, a disclaimer of interest (also called a renunciation) is an attempt by a person to renounce their legal right to benefit from an inheritance (either under a will or through intestacy) or through a trust. The laws of the individual states govern the matter of wills and estates, and lay down the rules for any waiver of inheritance.

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FAQ

No. Certain kinds of property can be passed without going through probate. Property owned with a ?Right of Survivorship? automatically transfers to the joint owner at death and that person owns the property fully. Property can also pass through a Trust established during the decedent's lifetime.

Maine Inheritance Law for Children If you die with children but no spouse, your children will inherit everything. If you die with a spouse and descendants from you and your spouse, your spouse will inherit the first $50,000 of the intestate property, then half the remaining balance.

Maine Inheritance Law for Children If you die with children but no spouse, your children will inherit everything. If you die with a spouse and descendants from you and your spouse, your spouse will inherit the first $50,000 of the intestate property, then half the remaining balance.

Spousal Rights in Inheritance Litigation They also will inherit the decedent's separate property, if the decedent is not survived by parents, children, or siblings. If there are other survivors, the surviving spouse will receive between one-third and one-half of the decedent's separate property.

If you die without a will in Maine, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent.

In Maine, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Joint Tenancy: Co-owners holding title this way are called "joint tenants." The unique characteristic of joint tenancy is the right of survivorship. When an owner dies, their interest in the property is extinguished. The remaining owners continue in ownership of the property free of the interest of the deceased party.

Unlike the laws of some states, under Maine's intestacy law, your entire probate estate does not pass automatically to your surviving spouse. The share of your probate estate that your surviving spouse will receive depends on whether you leave surviving parents or ?issue?.

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Maine Renunciation of Legacy in Favor of Other Family Members