Legal Question in Wills and Trusts in Maine

Hi my mother is 74 yrs old and lives in her house in Maine. It is paid for and valued at approx. $100K and the house is in her name. She earned wages below the poverty level and draws social security/va benefits along with Maine Care/Medicaid and my sister is power of attorney. It is hard for her to maintain it now and it better off going to independent living or move in with me or my sister. My mother wishes to will the house to her 3 daughters. She is considering putting the house in our names now. Then we anticipate renting her house out in order to pay for her independent living apartment. Are there any laws that prevent her from willing the house to us now in order to quality for the maximum government amount without any "claw back" on taxes?


Asked on 10/12/09, 12:43 pm

1 Answer from Attorneys
Elliott Teel Teel Law Office

It might be best to set up a trust, and have the house held there. If you rent the house out, then the income would go to the trust, and not directly to your mother. The trust would then pay out what is needed for her apartment and can avoid reductions in her benefits. The trust can provide that the house be given to the daughters after she passes.

Feel free to contact my office to discuss this further.

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Answered on 10/17/09, 3:42 pm


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