Legal Question in Elder Law in Massachusetts

My mother is going into a nursing home soon. She has a "life estate" and it states she is responsible for property taxes, condo fees, etc. How can she pay for these when she is going on Medicaid because they will take all her income?


Asked on 10/18/09, 8:00 pm

1 Answer from Attorneys

Harry Margolis Margolis & Bloom, LLP

You are right, your mother will not have income to pay these costs. There are three potential solutions: (1) the remaindermen -- the people who will receive the property upon your mother's death -- can pay the costs; (2) you can rent out the property and pay the costs from the rental income (the net income after costs will have to be paid to the nursing home); or (3) you can sell the property, after which the proceeds will have to be divided between your mother and the remaindermen based on her age. I'd recommend that you consult with a Massachusetts elder law attorney to discuss the pros and cons of each approach and choose the one that is right for your family.

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Answered on 10/30/09, 3:51 pm


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