Legal Question in Elder Law in Massachusetts

I have several questions regarding my elderly mother and stepfather's assets. Both my mother and stepfather are in poor health. The deed of the house they live in is in my mother's name and her children's names. The house was bought after she was married to my stepfather. Her assets include CDs in her name with her children as beneficiaries and her IRA in her name with her children as beneficiaries. My stepfatehr has CDs in his name with my mother as beneficiary. he only gets social security. My mom has a government retirement. Please address the following scenarios. 1. If my mother and stepfather both need to be in an ursing home, can the children's portion of the house be taken to pay for their care? 2. If my stepfatehr goes to a nursing home what asssets can my mother keep? 3. If my mother dies first, would my stepfather have any claim to the house and her other assets and/or could they be taken for nursing home care? 4. Is there anythings more that can be done to protect my mother's assets? They live in Massachusetts. Thank you.


Asked on 8/28/09, 4:07 pm

2 Answers from Attorneys
Warren Wood Law Offices of Warren Wood

There is no simple answer to you valid timely questions and alternative scenarios.

Because of the assets, the possible risks, and beneficiaries involved, you will best be served by consulting with a seasoned estate planning attorney on a timely basis. This consultation need not be overly expensive, but can be well worth the initial investment! This is not a good case for DYI legal practice. Good luck!

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Answered on 9/06/09, 1:05 pm
Harry Margolis Margolis & Bloom, LLP

I agree with everything Attorney Wood says, but can provide a few more specifics in terms of your questions.

1. It depends on how the house is held. An elder law attorney will have to review the deed.

2. Your mother can keep $109,560 in addition to the house. If she has more, there are ways of protecting the additional assets as well.

3. Yes, unless your mother sets up her estate plan to avoid the claim.

4. Yes. You need to consult with an experienced Massachusetts elder law attorney.

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Answered on 9/09/09, 5:10 am


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