Maine Lawyers for Estate Recovery Sexual Abuse Claims Against a Deceased Abuser

Sexual abuse leaves lasting emotional and psychological scars, regardless of when it occurred or whether the abuser is still living. Many survivors of child sex abuse do not find the strength to come forward until their abuser has passed away. But that does not mean justice is out of reach.

In Maine, survivors can pursue a civil sexual abuse claim against the estate of a recently deceased abuser who left behind assets as part of their estate. These are called estate recovery claims, and they can help you seek accountability, financial compensation, and a measure of closure.

Berman & Simmons represents survivors across the state in these complex and often deeply personal cases. If you were harmed by someone who is now deceased, we are here to listen, advise, and fight for you with legal and human support. 

Request a free consultation with a Maine attorney for estate recovery in sexual abuse claims against a deceased abuser. Call (207) 417-4199 or reach us online. Virtual consultations are available. 

What Is an Estate Recovery Sexual Abuse Claim?

It is a civil claim filed against the estate of someone who has recently passed away. Just as creditors can seek repayment of debts from a deceased person’s estate, survivors of sexual abuse may file claims for the damages they suffered as a result of the abuse, holding the abuser financially accountable, even after death.

These claims are appropriate when the abuser:

• Owned significant assets at the time of death (multiple real estate properties, substantial savings or investments, retirement accounts, etc.)
• Has a will or estate that is being probated in Maine

A criminal conviction against the abuser is not required to file a civil sexual abuse claim against the deceased person’s estate. Civil cases, including those against an estate, only require proof by a preponderance of the evidence, meaning it is more likely than not that the abuse occurred. This lower burden of proof allows survivors to pursue justice even if there was never a criminal trial, or if the abuser was never charged or convicted before their death.

When Can You Pursue an Estate Recovery Claim?

Estate recovery claims may provide a way for child sex abuse survivors to recover money even after their abuser has died. Even if the abuse occurred decades prior, it may still be possible to pursue an estate recovery claim if the abuser has recently died and left a sizeable estate to be probated. The exact time limits for pursuing an estate recovery claim depend on several factors, including the following:

• The age of the survivor
• The nature of the sexual abuse
• When the abuser died
• Whether an estate has already been opened with the probate court

As a survivor, you may have remained silent for years or even decades due to fear, shame, manipulation, or power imbalances. If you learn that your abuser has died recently, it is important to consult an attorney promptly to advise you on your rights. The law increasingly recognizes the importance of giving survivors a path forward, but time may be short to pursue your case.