Legal Question in Elder Law in Massachusetts

My father's home was placed in a life estate 3 years ago with me as the remainder. I am hoping to leave MA to CA and would like to take the "life estate" with me to another state he will remain in MA in an assisited living and join me in CA for the end of life in a nursing home if needed. Is this possible?


Asked on 12/04/10, 5:00 pm

1 Answer from Attorneys

A life estate means your father owns the home as long as he lives. If you sell the home before he dies portion would go to him in a life estate and the balance to you. There is a specific formula for this depending upon his age at the time of sale.

If you are selling the home now, you and he could agree to buy another home and create another life estate situation.

If you leave for CA and the home remains as is you still are the beneficiary of the home when he dies. The issue becomes whether he receives medicaid and the impact of that on claims against his life estate.

I would suggest you contact an attorney for assistance in determining the best strategy for both you and your father going forward.

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Answered on 12/09/10, 5:18 pm


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