Legal Question in Elder Law in Massachusetts

The Deeding of a home Vs The will

My Grandfather signed a will stating that his home is to be sold and split among family in 4/2002, however in 10/2005 the house was deeded into my name, at that time my grandfather was considered competent and at this time he is still living at home with my mother as his caregiver, this is a 2 part question really, first does the deed mean that I will be the sole owner of the home when he passes? and i have been informed that this answer might depend on weather or not he goes into a long term care facility, and that depending on the time that i have held the deed I will affect how much of the home will go towards paying for the facility after his personal funds are drained, is this true?


Asked on 1/22/08, 12:49 pm

1 Answer from Attorneys

Re: The Deeding of a home Vs The will

A deed if executed with the intent of making a gift supercedes your grandfather's Will. The question will be whether you had undue influence on him and if it was his intent to give it only to you. So assuming what you described was a valid gift, you will own the home. Although there should have been a gift tax return filed when he made the gift depending upon its value and how it was deeded. If has been deeded to you, I suggest you file a gift tax return.

As to the other questions, there is a 5 year look back rule for gifts under medicaid claims. So the short answer to the second set of questions, it is true.

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Answered on 1/22/08, 4:35 pm


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