Massachusetts  |  Elder Law

Legal Question

Asked on: 3/19/08, 4:14 pm

LIfe Estate Deed

My husband and sister-in-law were deeded their parents house in 1998. It was sold to them for $1.00, but with a life estate for their parents. My father-in-law passed away in August and my mother-in-law has since been put into a nursing home. She is on medicare/mass health and is being fully covered for the nursing home expenses at this time as she does not own the house. My husband has power of atty for his mother.

We now want to sell the house since she is no longer living in the house. We were told that medicare may have a stake in the house because of the life estate, is this true? My sister in law is fighting us and supposedly checked with a lawyer and said that they would get 52% of the sale of the house. The transfer of deed was over 10 years ago and my mother in law is incapable of ever returning to the home.

Please advise. Thank you.

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