ADDITIONAL INFORMATION:
this is what the deed is saying I,…,individually for consideration paid $1.00 grant to myself, for my life and the remainder in fee simple to my children as tenants in common. Also, if the daughter is living with the mom before she goes into a nursing home, can the house be taken?
ATTORNEY ANSWER BY MARGARET L. CROSS:
I believe that you are trying to determine if you mother can qualify for MassHealth and will MassHealth force your mother to sell the home.
It appears that your mother executed a life estate deed. If she did that over five years ago, she has passed the look back period and your mother will not be penalized. However, if it was not over five years ago, there will be a disqualification period applied to the transfer.
If you are still in the look back period, the live-in daughter may qualify as a caretaker child. Did she live with mom for at least 2 years? Did she provide care which delayed mom’s entry into the nursing home? If yes, your mother can deed the house to the caretaker child without penalty. This would require the other children to deed their interests back to mom and the caretaker child.
You should consult with an elder law attorney.
Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
Beliveau Law Group: Massachusetts | Florida | New Hampshire
The elder law attorneys at the Beliveau Law Group provides legal services for estate and asset protection planning. The law firm has offices and attorneys in Naples, Florida; Fort Lauderdale, Florida; Danvers, Massachusetts; Waltham, Massachusetts; Quincy, Massachusetts; Manchester, New Hampshire and Salem, New Hampshire.
