Legal Question in Elder Law in Massachusetts

If my father and I are co-tenant owners of our house, if he goes into a nursing home, how do I protect this asset.


Asked on 3/16/11, 7:30 am

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

This is such a common and difficult problem facing elders and their families. If you are worried about qualifying for Medicaid and protecting family assets and property, I strongly urge you to consider speaking with an elder law attorney. Feel free to contact our office and press 1 for Carol Barton, our estate and elder law attorney.

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Answered on 3/16/11, 7:36 am
Denise Leydon Harvey Harvey Law Offices

There are several options, depending on how you hold the property and what your relationship to your dad is. If you are caring for him so that he does not have to go into a nursing home, there are additional options. Please let me know if I can assist you. I grew up in Lynn and am happy to make home visits.

Good luck -

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Answered on 3/16/11, 8:59 am
Alexandra Golden Golden Law Center

The answer depends on a number of factors. Is the house is owned jointly or do you own it as tenants in common? Did you live in the house with your father for at least two years prior to him moving to a nursing home and if so, did you provide care for him? Are you disabled?

An experienced elder law attorney will look at the deed and advise you about this issue and also how to frame the Medicaid application to best minimize risk of the loss of the asset.

I've practiced elder law for the past thirteen years. Please feel free to call me.

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Answered on 3/16/11, 9:56 am


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