Legal Question in Wills and Trusts in Massachusetts

Re: The Homestead Act. As a senior (73 years old) When I purchased my home in Massachusetts six years ago, the attorney drew up a Homestead act.. Recently, I placed the house in a trust with my name as trustee. For application for a Hud program I had to take the house out of trust an place it back in my name alone. Once I am approved for the program, I will return the property to the trust. I had to pay fees fo each of these transactions

Question? Does the Homestead Act stay in place during all these transactions?

Thank you


Asked on 9/25/10, 6:36 am

1 Answer from Attorneys

No and if you place your home in trust, the Homestead act protection will not be applicable. If the home is in your name there is a protection. If it is in a trust the Homestead Act does not apply.

You might consider discussing your concerns with an attorney to determine what is the best way to protect your home and achieve your needs. It might be that what you want is a Qualified Personal Residential Trust. That could avoid the need to transfer back and forth.

You also need to speak with the lender to determine if your transfer into a trust will result in the loan being called.

Please feel free to contact me if you have additional questions.

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Answered on 9/30/10, 8:34 am


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