Legal Question in Real Estate Law in Massachusetts

I am not sure why your mother wants to transfer title to you or a trust. The Actual steps to do this are simple. The way to do it so it does not adversely impact your mother's benefits under Medicaid and other government programs is critically more important.

A certified copy of your father's death certificate must be recorded to allow for a clean transfer. Your mother can place the deed and the property directly into a trust with you as Trustee.

You can transfer the trust into a Qualified Personal Residence Trust. This protects the trust assets from liens and allows your mother to remain in the home for an indefinite period. A gift tax return will be required. You need to consult with an attorney.

If your mother needs to go into a nursing home within 5 years of the gift, she will have to pay for the care for a certain period until she qualifies for medicaid.

You should consult with an attorney who deals with Elder care issues as well as estate planning.

Please feel free to contact me without obligation.

I agree with Attorney Roth that you consult with an experienced elder law and estate planning attorney before transferring ownership in property. Serious issues such as taxes, title, medicaid planning, and estate planning are involved, and errors can be devastating. Hiring an attorney to get it right can save you more than money. If you would like to speak with an attorney without any obligation, please feel free to contact our office at 617-357-4898.