Legal Question in Wills and Trusts in Massachusetts
My father is 89 years old and in a nursing home, can I partition for the sale of the family home? He has a life estate attached, but has signed over the property to the family.
3 Answers from Attorneys
I do not believe a partition would be possible, since it would violate your father's present ownership rights to the property. I'm not sure what you mean by "signed over the property" to family. Perhaps your father joined in a new deed transferring the property to certain other families without a present life estate? You may want to speak with an attorney before taking contemplating any substantial transfer or assets or property.
I do not think you can sell the property without your father's consent. If you do sell it, the money received from the life estate will be subject to attachment by Medicaid.
You should contact an attorney before taking any action. You could rent the property to pay the taxes et cetera. The balance of the money would have to be paid to Medicaid or to reduce Medicaid's contribution to his nursing home bills.
Has he signed off his life estate?