Legal Question in Real Estate Law in Maine

My mom in law currently resides in her home, which is deeded to me in a life lease. Her husband died in December 2010, and her health is slowly declining. The language in the deed states: "XXX and XXX except and reserve the right to use and accupy the aforementioned land and buildings, together with the furniture, fixtures, appliances and personal property therein, rent free, and at no expense to them, for and during the term of their natural lives, (and for and during the term of the natural life of the survivor of therm), or until such time as they may enter a private home, nursing home or similar care facility, with no apparent prospect of using and occupying the premises as a principal residence,as the same may be determined in the written opinion of their attending physician or other qualified medical person.

I pay for the taxes, insurance, maintenence as indicated.

My dilemma is how to determine what mom is allowed to sell, and what is considered part of this deed. She has twice now tried to sell some items for pennies on the dollar, indicating that it was her property (antique tables and some firearms), and both times I indicated to her that I would buy them if she needed money, but believe some of the items belong to me due to the wording of the deed. We are trying to keep her from being ripped off. I plan to pass the property to my daughters in the same manner.

Is there a way to determine ownership? Her husband had a will but no details of what might have been his personal items vs. what was part of the deed. Her will reads the same. The deed wording is the same as was used when the property was passed to them. I want to look out for her best interest while still allowing her control over her life. Help!!!! Many thanks

1 Answer from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in Maine

Looking for something else?