Our mother died. Is there a stipulation that the bank can't take back the house if my disabled adult brother lives there?

If there was a mortgage, then the bank can and will take it.

Contact your lawyer or a lawyer. A little help from your friends is not always the thing to do. Try friends for a referral.

If the mortgage is not being paid, don't think brother being disabled has anything to do with it. Even with Medicaid, he may need he can afford to keep the house up to live in it. Same if taxes are paid. You may just need to call the disabilities dept in ur County and find out whats out there for your brother.

Is this a mortgage non-payment issue? Or a Medicaid issue?

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.

Has anybody been paying the mortgage.
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.

I'm guessing you are talking about a Medicaid clawback. There are stipulations for a disabled family member living in the house, however, as others have said you will have to consult with an attorney. You might be able to get a free legal consultation through your local senior center. Good luck.

This is what I found on the internet:

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).

I can't tell if you are talking about a non-payment of mortgage problem here (in which a bank would take over the property) or a Medicaid clawback problem.

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.