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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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Old 10-07-2009, 03:07 PM
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Join Date: Dec 2008
Location: TexasS
Posts: 3

My Mothers Home


What is the name of your state (only U.S. law)? Texas but the information I need is for Maine.

I am not sure if this is the right forum for my question. First I must say that my mother is 77 and for at least the last five years I have noticed that she has a lot of memory loss, she has not been diagnosed because she will not go to a doctor but I thunk she possibly has Dementia or Alzheimers. I live in Texas and my mother lives in Maine. I found out that in August of 2007 my younger brother gave my mother $10,000.00 and she signed over her house and property to him. The tax appraisal amount for her property is $90,000.00, then two months after getting her property my brother took out a $60,000.00 loan on the property. I also founf out that between 1991 and 1995 my mother took out a toal of four mortgage loans for approximately $111,000.00 and that money was all given to my brother to help him with his business. Then we find out this weekend that his wife has been going over to my Mom's house( my Mom and Step-dad still live there) and looking through all her closets and drawers. My question is since my brother owns my mothers house now , does he also own what personal belongings she has in her home? My mother has a lot of antiques she has collected over the years and I am afraid that my brothers wife will take them. Also what legal rights would I, my sister and our other brother have if my mother passes away. Will everything automatically go to our one brother since he owns her property now???? Thank you for your time and responses, Marian
  #2  
Old 10-07-2009, 04:21 PM
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Join Date: Feb 2007
Posts: 8,229
No, the fact he was deeded the house does not give him ownership of the belongings. It's quite possible that you can contest the competence of your mother in deeding the house to him or taking out the loans but she's still pretty much screwed.

I'd talk to an elder law attorney close to where your mother lives.

She's in for a world of hurt because she is going to need serious medical / living care soon and the transfer of the property may invalidate the medicare support for this.

Believe me, it's hard enough when you have three children operating in the parents interest, my mother-in-law just died from Alzheimers.
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