Legal Question in Wills and Trusts in Massachusetts

Hello,

My 80-year-old mother lives alone in a house she owns outright. Recently she asked my brother and me if we would be interested in having the house put in our names instead, with her goal being to help us avoid the probate hassles when she passes. My question is: are there any negative consequences to doing this? The only one I can think of is the discount she currently receives on her property tax bill for being a senior citizen.

Thank you.


Asked on 3/22/10, 7:14 am

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

There are a number of potential problems with this.

The first is that a transfer of her property may exclude her from receiving benefits in the event that she required long-term nursing care within the next five years.

Your mother might consider transferring the home to you and your brother and retaining a life estate for herself in the property. This means she would have the absolute right to possess and live in the house during her life, and the property would automatically become you and your brother's upon her passing.

You might also consider placing the home into a trust, which would avoid probate and pass ownership to you and your brother automatically upon her passing.

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Answered on 3/27/10, 8:02 am
Joseph Murray Joseph M. Murray, Esq.

Any transfer of the title without fair consideration could disqualify your mother for Medicaid unless done properly. She should consider retaining n elder law attorney to advise her on this before making any transfer. Good Luck!

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Answered on 3/27/10, 8:18 pm


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