Chambersburg, PA asked in Family Law, Elder Law and Real Estate Law for Maryland

Q: My mom and step dad have a post nup on a house they purchased together, It addresses death of spouse and divorce.

Selling and splitting proceeds in divorce, and life estate for death, then sale and split proceeds to family.

But they have moved to assisted living and are selling the house. No mention of this possibility in post nup, so should proceeds be jointly held or split? Also prenup holds assests separately, but does not address death.

1 Lawyer Answer
June Marie Marshall
June Marie Marshall
Answered
  • Silver Spring , MD
  • Licensed in Maryland

A: Not seeing the actual post-nup, my response is limited to your narrative. The proceeds would be marital property. Husband and wife can agree on how they want to divide the proceeds. They could split it 50/50, 60/40 however they choose. Since there is nothing in the post-nup about moving to assisted living, I'd say they are open to do what they choose.

Regarding death, do the mom and step dad have a will? If they don't have a will, they should get one. Otherwise, how assets are handled would be in accordance with state law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.