Legal Question in Wills and Trusts in Massachusetts
what exact facts do you need to give me an answer about using a life estate deed or life estate trust to protect the assets of a 70 yr old person with 5 adult children?
1 Answer from Attorneys
When I advise clients about the pros and cons of using a life estate, I want to know about the history of ownership, how much the property was purchased for and capital improvements made, the client's health and intentions, family dynamics, whether there is long-term care insurance, whether there are funds from other sources to cover the amount of the Medicaid-disqualifying transfer, and other factors. I also want to educate the client about the Medicaid and tax consequences of making the transfer, as well as the problems which can arise if the house should need to be sold for any reason.
Given the complexities, I don't think it would be responsible for me or any attorney to advise you about this issue in this forum. I strongly suggest you meet with a good elder law attorney before going forward.