Legal Question in Wills and Trusts in Massachusetts
My friend's father and mother are both living in Massachusetts and legally married.
They want to take the mother off of the deed for their family home so she can qualify for medical benefits (which her part-ownership in the home prevents, due to the asset value) because the home has a reverse mortgage and can not be sold to pay for her medical expenses. How can we get her off of the deed so she can qualify for the medical benefits (have no assets) but father and mother can still live in this home? Living trust? Some form of transfer of ownership to her children?
2 Answers from Attorneys
The family home MAY be an excempt asset, which would not prevent your friend's mother from qualifying for medicaid. The medicaid rules are complicated, and one wrong move could disqualify your loved one from qualifying for medicaid. Your friend's parents should sit down with an attorney here in Massachusetts to explore their current options.
Attorney Vaughn-Martel is correct. The medicaid rules should not include your parents home as a disqualifying asset. They may be taking into account half of any payments your parents are receiving under the reverse mortgage. However, that might be fixable.
I suggest you contact an elder law attorney in your area ASAP.
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