Legal Question in Real Estate Law in Massachusetts

Re: Joint tenants in common

I concur with attorney Wood. It sounds like you need to speak with an attorney right away.

For example, it is unclear how your mother and her grandmother own the home: as joint tenants, or as tenants in common.

It should also be explained that a power of attorney does not give your aunt ownership. In addition, if your grandmother is not competent, then her grant of power of attorney to your aunt might be challenged.

Re: Joint tenants in common

Your aunt cannot own the home, she can seek to have your the property sold in what is called a Petition to Partition, under that your mother would get half the net vslue of the home plus interest and taxes paid on the home during the two years.

Assuming your grandmother's nursing home care is being paid for by something other than medicaid, your grandmother's half-ineterst would pass to your grandmother's estate. if your grandmother does not have a will, basically your mother and her siblings would split the half equally.

However, if your grandmother is receiving medicaid benefits to cover nursing home fees, Medicaid will put a lien on your grandmother's interest in the home.

There are a number of ways to deal with these issues, but your aunt can't simply take the house. Nor should your grandmother lose benefits because your mother who took care of her and is part owner is still residing there.

Please feel free to contact me if you have more questions.

Re: Joint tenants in common

Your grandmother is able to will or convey to whomever she chooses (assuming she is legally competent).

However, your factual statement suggests that you need immediate competent legal advice.

Our office handles the matters.

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