How Can I Protect My House from MassHealth?
Harry S. Margolis
Three strategies to protect one’s home from MassHealth estate recovery.
Contact Us: 781-705-6400
Contact Us: 781-705-6400
Three strategies to protect one’s home from MassHealth estate recovery.
In Gordon v. Pappalardo the bankruptcy court rules that Massachusetts homestead protection does not apply to remainder interest in life estate property
Jeffrey A. Bloom’s solution for a family shows the benefits of long-term care planning crafted for the needs and goals of each client
Explanation of how life estates can be used for estate and long-term care planning
In the case of James B. Lodigiani, et al. v. Nina Pare the remainderman of property in a life estate is held liable for damages they caused even though the life tenant had legal responsibility for the property’s maintenance.
One of the principal planning techniques to protect a home from the potential costs of long-term care is to put it into a life estate. Like anything else in the law, life estates have their benefits and consequences.
Surviving spouses may “elect” against the will to receive their spousal share rather than what the deceased spouse left them. The Massachusetts SJC rules that this creates an interest in real estate allowing the surviving spouse to file for its partition.
In Koutoukis v. EOHHS, the Massachusetts Land Court rejects MassHealth’s opposition to the reform of a scrivener’s error in a life estate deed.781-705-6400
Life estate deed grants partial ownership to remaindermen; grantor can include a power of appointment/power to sell. Margolis & Bloom, Wellesley, Boston MA
MassHealth plan Margolis & Bloom put in place in 1989 works like a charm in 2020. Margolis & Bloom, Wellesley and Boston, MA, 02481.