Legal Question in Real Estate Law in Massachusetts
My mother inlaw has recently become incapacitated and unable to work. She owns a multi family home with approximately $65,000 left on the mortgage. She would like to transfer the name on the deed to one of her daughters so that the daughter can pay the mortgage off and own the house. Is this feasible?
1 Answer from Attorneys
I'm sorry to hear that your mother in law has lost capacity.
My advice would be for your mother in law to meet with an attorney immediately. Time is of the essence here, and whether it is possible or even advisable to transfer the asset at this point will depend on her health, whether there is a power of attorney, whether she will require long-term nursing care in the next few years, etc.
Just because your mother in law has lot capacity to work does not mean that she has lost the capacity to transfer property or execute an estate plan. However, if she is even getting close to that point, you really need to meet with an estate planning attorney as quickly as possible.
You are more than welcome to contact our office and ask for our estate planning and elder law attorney, Emily Towne McNeil, at 617-357-4898.
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