Legal Question in Real Estate Law in Massachusetts

Living Estate/quit claim deed

I signed a quitclaim deed for $1 to my mother for a ''Living Estate'' within my home. The agreement was to provide her a place to live for the rest of her life with all maintenance , utilities, and taxes to be paid by me which is stated in the quit claim deed. Now I am told that I need her permission to take out a loan on the property ie for home repairs etc..? If she passes away does that mean that my other sibling can take some interest in my home ? How about my step father does he have any claims of interest in my home ? The deed has been filed with my husband and I as the ''Grantor'' and her as the ''Grantee'' did I sell her my home ?


Asked on 7/08/05, 12:38 pm

1 Answer from Attorneys

Re: Living Estate/quit claim deed

You certainly have created problems for yourself. Without seeing the deed, it is difficult to directly answer your question, but a life estate generally ends when someone dies.

However, the reason the lender wants your mother's permission is because it wants her life estate subordinated to the loan, so should they have to foreclose, the lender is not stuck with your mother's life estate.

Moreover, a Life-Estate creates problems with respect to medicaid should your mother ever need to be placed in a nursing home. Also, if you ever decide to sell the home, you will need her consent.

I would suggest you contact an attorney with real estate and Elder law experience to assist you in making your actual situation the one you intended.

I assume your mother loaned you money for the purchase of the home or something like that in exchange for the life estate. There are better ways to protect both sides than the one you selected.

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

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Answered on 7/08/05, 1:38 pm


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