Legal Question in Wills and Trusts in Massachusetts
My mother and father had their wills prepared leaving their house to their 5 children. My Mom and brother have since passed. What is my Dad's best option to take to avoid probate. Should a new will be drawn?
Asked on 12/01/09, 11:56 am
1 Answer from Attorneys
Assuming upon your mother's death the home passed to your father, the best way to avoid probate is to put the home in a trust.
However, depending on health and other issues, you may want to create a Qualified Personal Residence Trust as a protection for future claims of medicaid, assuming there are none now.
I suggest you contact an attorney for assistance.
Answered on 12/06/09, 12:46 pm