Legal Question in Real Estate Law in Massachusetts

Real estate question

My elderly parents live in MA. My mom has severe health issues and is on MA state health, as their income is very low. Needless to say, her health care is very expensive. Their home, which they own, is in very disrepair. We have tried to convince them to sell and move into elderly housing, however, if they make this move, will the money they make from selling their house be paid to MA Health Care and 2) Should my mom pass away and my father sell the house after, would MA Health Care take the profit from the sale of the house. I know they will never move, but it has been a question of all their children as to what would happen to the money from the sale of the house in both instances (them selling while both are alive or my father selling, should my mom pass away before him). Thank you.


Asked on 11/13/07, 4:14 pm

1 Answer from Attorneys

Re: Real estate question

You have asked what is tantamount to an elder care issue. If both your father and mother receive Mass Health benefits,the proceeds from the sale of the home are probably going to be used to repay Mass Health.

Even if the entire amount was not used up, Medicaid will require the assets to be used for nursing care within limits to pay for the nursiing home bills and they will use all but $60 per month of the social security to pay for the nursing home.

I suggest you go see an attorney in MA and figure out precisely what you can preserve and what you cannot. Mass Health will not take the home from your father as long as he resides there.

Read more
Answered on 11/13/07, 5:05 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts