Legal Question in Wills and Trusts in Massachusetts

I am the sole owner of a home. I left the house to my wife in a will. Can problems arise from this or is it enough?

Asked on 10/29/13, 8:15 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC.

Assuming the will is drafted properly and is otherwise valid, a bequest in a will should be enough to make sure that ownership passes to your wife. That is not to say that a bequest in a will is the best option for avoiding disputes, tax planning, probate avoidance, etc.

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Answered on 10/29/13, 8:20 am

Assuming the Will is drafted properly that will allow the home to go to your wife. However, if you need medicaid at some time in the future, that could complicate matters for her and you as Medicaid may lien the home and complicate matters for your wife.

If you want to avoid probate as well as other things such as medicaid liens, there may be better ways to deal with this issue.

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Answered on 10/29/13, 8:25 am

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