Can My Son’s Girlfriend Claim An Interest In My Estate?

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Under Maine law, can my grandson’s girlfriend sue him for his share of my estate when I die? They are not married but have bought a house together.

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If you have a will, your estate will be distributed based on that will (after your creditors are paid). This can include non-relatives, but you must name who will inherit. If you do not have a will (or do not account for all of your estate in your will), your estate will be distributed based on your state’s “intestate succession” statute. This statute is Title 18-A, Article 2, Part 1 of the Main Revised Statutes. These can get fairly complicated, but the important thing to know is that the purpose of this statute is to trace who your closest living relatives are. Other than your spouse, the statute only considered blood relatives (and those who have been adopted). This means that whether you have a will or not, your grandson’s girlfriend probably won’t be able to claim any share of your estate. She may be able to claim some of what he inherits if he owes her money, because his inheritance would then be considered part of his assets. This would be unrelated to your estate, however.

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Author: House Attorney