Legal Question in Wills and Trusts in Massachusetts

Re: Re probate laws

Yes. There are ways to avoid probate. But they involve some trade offs that you would be best advised to discuss with an attorney whom you should retain to effectuate this.

Re: Re probate laws

Generally speaking, the Massachusetts short statute of limitations gives any party one year from the date of your death to come forward and file suit against your estate for your lifetime actions. Your executor is responsible for paying any legitimate debts before distributing assets to your heirs. So, your house may not carry a mortgage, but if at the time of your death you have other debts (say, from medical expenses) or if you are or may be facing a law suit, these issues need to be settled before the estate's assets may be distributed.

If you want to avoid probate, the best ways of doing so are to place your house into a life estate or a trust. It's important to note that such transfers do not always allow your estate to avoid creditors' claims. There are important Medicaid, financial, tax and other issues which such transfers can raise, so it's important that any such actions be discussed with an experienced elder law or estate planning attorney.

I've practiced elder law and estate planning for over a decade -- please feel free to contact me if I can be of assistance.

Re: Re probate laws

It should also be added that you might not want to transfer your house to your daughter while you're still alive for various tax reasons. While it's hard to give a definite answer without knowing your full financial situation, you could consider a trust if you're worried about probate.

Please don't hesitate to contact me for details or additional questions.

Re: Re probate laws

Yes, it is possible to do, but how you do it will depend on issues such as whether you will need medicaid in the future to pay for nursing care. If you want to make a gift now and restrict your ability to sell the home if need be or the amount you have available to you.

I would suggest you contact an attorney and determine what your options are from placing the property in trust to giving your daughter the property and retaining a life estate.

Please feel free to contact me if you wish to discuss the matter.