Legal Question in Elder Law in Massachusetts

I am 81 and have my son as a joint tenant on my house since 1999. Should I turn it into a life estate to protect it against medicaid or is it already protected against medicaid? If I did a life estate would the whole property be a disqualifier or just 1/2 the value because I am only a joint tenant?


Asked on 4/28/11, 5:10 pm

2 Answers from Attorneys

Alexandra Golden Golden Law Center

Any gift would be a disqualifying transfer if you should need to apply for MassHealth long-term care in the next five years.

Having practiced elder law for the past thirteen years, please take this bit of advice: Before you do ANYTHING, meet with an experienced elder law attorney. Your elder law attorney will review all of your finances with you and help you explore the pros and cons of any gift, including calculating the value of the proposed gift and determining if you have the assets to cover the cost of care for the number of days for which you might become disqualified. Your elder law attorney will also review the tax implications of any proposed gift.

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Answered on 4/28/11, 5:45 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with the previous attorney.

You should really sit down with an estate planning and elder law attorney, especially one who deals with medicaid. Any transfer could potentially disqualify you from receiving benefits under medicaid.

There are many asset protection strategies that can be employed, but you really need the assistance of counsel. We are located only minutes away from you in Boston, and would be happy to make a house call if that is more convenient for you. You can call us anytime at 617-357-4898 and press 1 for Carol Barton or 3 to speak with me.

I wish you all the best.

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Answered on 4/30/11, 10:23 am


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