Legal Question in Real Estate Law in Massachusetts

Re: power of attorney

Hello and Thanks for Your Inquiry:

My name is Len Foy and I am an attorney with Gould & Gould, we have offices in Massachusetts and New Hampshire. Our main office telephone number is (603) 434-3437, my email address is [email protected].

Generally speaking, if you are in fact presently on the deed, then your signature will be required on any subsequent deed affecting this property. So, to put you at ease, your name couldn't be taken off the deed without your knowledge or consent.

Again, generally speaking, if three people are on a deed as "joint tenants with rights of survivorship," and one of the three passes away, then the deceased person's share goes to the other two surviving parties.

The fact that your father might predecease your mother, the matter of the power of attorney and the nursing home all present potential complicating factors which could affect the above analysis.

If you'd like to consult with me on any of the above issues feel free to contact my office directly or send me an email. There is no charge for an initial consultation.

Regards and Good Luck -

Len Foy

Re: power of attorney

Hi,

There is some important information missing from your query. Is the property located in Massachusetts? Was the deed to you, your sister, and your Father valid? Did your Mother convey an interest in that deed> If so, and she continues to occupy, there is antother potential Medicaid issue. Is your Father competent? Does your sister's power of attorney survive (continue to be effective) beyond your Father's incompetency? Does the power of attorney allow for transfer of his principal residence? Does the power of attorney allow for estate planning? Does the power of attorney allow for gifting? What type of interest do you hold? You may be a tenant in common, or a joint owner with right of survivorship, or a remainderman following a life tenancy. Your query implies that you are a tenant in common. Your sister can probably convey your Father's interest without your signature on the deed. However, your interest (whatever it is), can normally only be conveyed by your signature (or less commonly, by order of court or power of attorney granted by you). Additionally, if your Father is in a Massachusetts nursing home and is now or in the near future applying for Medicaid benefits, other issues arise. As you can see, the advice you need depends very much on reviewing the deed, et cetera, so I invite you to contact me personally if you would like to meet together to do so.