My mother and I had joint tenancy of our home here in Maine. My adult developmentally disabled brother lives with us. Mom just passed away 2 wks ago. Is there a stipulation anywhere that says the bank cannot take back the house if he is living there?
You were the other joint owner, but are you currently a tenant in that house?
Who is the legal guardian for your brother?
If you have a copy of the mortgage, I would get it out and read it or talk to the mortgage banker and plead your case on your brother's behalf. This may be something an attorney needs to be involved with. We don't have enough details from you.
Lawyer is the best adviser
You must have a hot potato. And they wanna profit off of
You.
Report them to the F. D. I. C or whatever regulatory, there is. Now go and do the right thing.
What are the joint tenancy laws in Maine?
Each joint owner has an undivided right to possess the whole property and a proportionate right of equal ownership interest. When one joint tenant dies, his/her interest automatically passes on to the surviving joint tenant(s).
How your son figures in all this I can't begin to imagine.
I really don't understand what is happening here. You say you and Mom have "joint tenancy". What does this mean to you? Does it mean that you and mom share deed and title to the home? Because if that's the case the home is now yours.
Because I really don't understand the details here I am going to suggest that you see a Trust and Estate Attorney (or probate attorney) with your Mom's 1. death certificate 2. title and deed copies 3. any will or Trust mom had in your hand, and also any other documentation of facts.
I cannot imagine how your son figures in all this.