Q. My stepfather left my mother in the early 1960s. She is still in the house that they purchased (jointly) when they were married. My mother paid off the mortgage and continues to pay the property taxes. My stepfather is still alive, but unfortunately he suffers from mental illness. We are concerned that should something happen to my mother, would he be able to return to claim the house?
A. The first thing you should do is determine how your stepfather and mother hold title. It may be possible to change the title so that each of them holds title as tenants in common. This means that on your mother’s death, for example, her share of the property will be distributed in accordance with her last will and testament. And if your mother does not have such a document, I strongly suggest that she talk with an attorney and have one drafted and signed as soon as possible.
At least, this way, you will inherit half of the property.
If that does not work, your mother may have to file suit against your stepfather, claiming reimbursement for half of the expenses she has incurred, such as real estate taxes, insurance, repairs, etc. There is probably a statute of limitations in your state that would limit the number of years that she can claim, so it may be prudent for her to seek legal advice now and proceed to take all protective steps.
This is not an easy situation, and your stepfather’s mental and physical status will be a major hurdle in a court of law. But clearly you want to protect your mother — and possibly your inheritance — so don’t put this off too long.