Legal Question in Real Estate Law in Massachusetts
In Massachusetts, mother has 3 mortgage free houses with her name and
the 3 sibling's nameon the deed who is to receive the house upon her
demise. She is now ill and in short term rehab in a nursing home. If
it turns into long termnursing home care, can the nursing home go
after the houses?
2 Answers from Attorneys
I'm sorry to hear that your mother is ill.
You should really sit down with a lawyer and review the deeds carefully to determine ownership. Depending on the type of ownership evidenced by the deed, each property could pass automatically to the remaining joint owners, or it is possible that your mother's share in the property could pass according to her will or the laws of intestacy.
Your mother may need to 'spend down' certain assets in order to quality for medicaid. The rules are complicated and very fact specific. You would be well-advised to speak with a lawyer.
I am sorry to hear your mother is ill.
The short answer is yes. They would seek to attach the non-primary residences first. You need to sit down with an attorney ASAP.
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