Legal Question in Wills and Trusts in Massachusetts
status of shared property on the death of one party
my parents own property jointly in Ma. my father is in deteriorating health and does not have a will. should he die without a will, what will be the status of that property? assuming no challenges, will the property merely pass to the surviving spouse or will it automatically go into probate and thus the court system? my father insists
there will be no problems, but i'm not so sure, and would like for him to make out a will & name my mother as heir. for whatever reasons, he is very reluctant to do that. what light can you bring to this situation? thanks
2 Answers from Attorneys
Re: status of shared property on the death of one party
Assuming the title on the property is held by your parents as Tenants by the Entireties, the property will automatically pass to your mother.
However, if your father is placed in a nursing home and medicaid and pays for his stay, they will place a lien on the property although they will not force your mother to sell the home. Your father should see an attorney to make sure your mother is properly protected.
Re: status of shared property on the death of one party
Your parents should consult an attorney to be sure a nursing home or the estate tax man will not get an innordinate share and to protect against possibility of your mother predeceasing him or dying in a simultanous accident. Joint ownership can avoid probate but can also be costly in some circumstances where an estate tax may be due that might otherwise de avoided. Good Luck!
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