Legal Question in Family Law in Maryland
inheriting family home
In 1983 my mother deeded me our family home, with a separate ''Life Estate'' document allowing her to remain in the home for the duration of her life. She is transitioning from moderate to advanced dementia--is there anything further we should do while she is still capable of making decisions?
1 Answer from Attorneys
Re: inheriting family home
The first thing you should do is have your mother execute durable powers of attorney--one for health care decisions and the other for financial matters. She must have sufficient mental faculties at this time to be able to understand these documents and knowingly and voluntarily execute them. Once these are in place, you, assuming you are the person she appoints, will be able to make important health care decisions for her, and will be able to protect her assets and sign legal documents on her behalf. If she doesn't have a will or her will is outdated, a new will should be prepared for her that reflects her wishes as to how she wants her other property disposed of. The house is already covered by the deed you referred to. I prepare these kinds of documents all the time, and would be happy to assist you in making sure all legal requirements are satisfied.
Robert Sher