Legal Question in Wills and Trusts in Maine

My father has legal guardian over my mother and put her in a nursing home. He just died, and in the will left everything to my sister and me. But the house is in his and my mother's name. What happens to the house? The nursing home will get my father's railroad pension toward my mother's care.


Asked on 1/01/10, 6:53 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

If the house was in joint tenancy with your mother and father, then upon his death his interest in the house dissolved and your mother has sole ownership. The property would therefore be available for her care costs. However, if the property was titled as tenants in common between your parents, then your father's 1/2 interest passed through his Will to you and your sister and that would complicate the availability of the house as an asset for the nursing care costs.

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Answered on 1/12/10, 1:12 pm


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