Legal Question in Wills and Trusts in Massachusetts

My mom just entered a nursing home. In May of 2002 she did her will and at the same time changed the deed of her house that included my brothers and myself as joint tenants, with Quitclaim Covenants. So I recently went to the Registry of Deeds and our names are not on the deed. The change was never registered by the lawyer. I can no longer located him. I am afraid that if she need to file for medicaid she is going to lose her house. What can we do?


Asked on 9/02/10, 8:58 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

I would be happy to perform a new search for you, and assist you in tracking down your attorney. If you can find the original deed transferring title, it may still be an effective transfer even though it was not recorded. Whether medicaid will accept I do not know.

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Answered on 9/07/10, 9:01 am

I would be happy to assist you in either tracking down the attorney and/or dealing with this particular issue.

I would contact the Massachusetts Bar Association and see if they can give you a current address for the attorney.

Second, you might need to do a more detailed search at the Registry of Deeds.

Third, do you or does anyone have a copy of the Deed that was prepared in 2002?

There may be some actions that can be taken to protect the home. Did anyone live with your mother at her home as a caregiver and do they still live there?

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Answered on 9/07/10, 9:08 am


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