Legal Question in Real Estate Law in Massachusetts

Life estate waiting period, can this be avoided? Or shortened?


Asked on 1/24/13, 3:38 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

I wish I had more information in order to be able to give you a detailed answer. However, I assume that you are the remainderman and are wondering when you will actually own the home. Your ownership interest does not fully vest until the death of the life tenant. If that does not answer your question, please feel free to give our office a call to schedule a confidential and proper telephone or office consultation with an attorney.

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Answered on 1/24/13, 5:06 pm

If you are not concerned about when you take as a remainderman, but rather the look back period on the gift of the property to the remainderman and how that impacts Medicaid (not Medicare) and the 5 year look back period, the answer is you cannot shorten it. However depending upon your situation there may be ways to reduce its impact or otherwise deal with your question or issue.

The problem here is that you have not articulated what your problem or issue really is.

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Answered on 1/24/13, 5:10 pm


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