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I own a property with my husand and my parents, all are listed on the mortgage and deed.

I own a property with my husand and my parents, all are listed on the mortgage and deed. If one of my parents was to enter a nursing home for long term care. Will mass health only be able to attached that person and their spouse for the equity in the house or all the equity on the house for all 4 people on the deed.

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Generally speaking, the answer depends on how and when you and your husband acquired ownership.  If, for example, a daughter uses her own funds to buy a home with her mother, then MassHealth would not have any potential interest in the half of the home owned by the daughter.  That half of the property is the property of the daughter, and always was.  However, if the mother deeded joint ownership to the daughter, the result could be very different, depending on when the gift was made relative to the mother's MassHealth application.



Submitted Tue, 04/05/2011 - 10:53

Hi. Attorney Allan Baron here. How real estate is titled is important for estate transfer purposes, tax purposes and credit purposes and if appropriate Masshealth purposes. When the question of long term care planning arises,(which is what I think you are really asking) it is important to establish a plan for long term care which will of course include the status and titling of the home as part of that plan. You may discover there are cross purposes and goals once you lay out the plan. Asking a question like yours is a great start but if you goal is to plan a parent's or spouse's long term care, how to finance it and how to protect assets legally, then I suggest you quickly meet with an experienced elder care attorney to get you started. It is imperative to do this when the party is in good health and/or has the capacity to execute powers of attorney, wills, trusts, health care directives and living wills. If the party does not have that capacity, then you will likely need to get involved in the probate court system which will get more complex and costly.
www.baronlawmediation.com
allan@baronlawmediation.com


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