Legal Question in Elder Law in Massachusetts

Re: signing house over to sibling

MassHealth does permit a parent to gift a house to a child if that child lived with the parent for at least two years and cared for them to such a degree that a doctor would agree that without that child's two years of care, the parent would have needed nursing home care much sooner.

If your sister lived in your mother's house for only 6 months, then she does not meet the time requirement. If your mother needs MassHealth within 5 years of the time that she signed the deed, then in all likelihood your sister will need to return her share of the money to your mother, and then on your mother's behalf you and your sister will need to meet with an elder law attorney at that time to determine what steps to take to protect some portion of that money.

On the other hand, if your mother does not need MassHealth within 5 years of signing the deed, then you have an estate planning puzzle rather than a Medicaid issue. If your sister and your mother were joint owners of the home, then it may be possible - though not guaranteed - that you would stand to inherit some of those proceeds. Whether you would receive anything would depend on several factors, including (1) how the deed was written (there are different types of joint ownership), (2) on the bank account holding the sale proceeds - how the account is titled, (3) what your mother's intentions were, and (4) your mother's mental ability to make thoughtful decisions at the time that she signed the deed, allowed the home to be sold, and deposited the proceeds at the bank.

No easy answer here, but this should get you started. Good luck.