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Massachusetts Life Estate Deed to Protect your Home

Photo of a two shotry house, beige and white, with 2 car garage on left and two doormers. Front yard is has green lawn and low shrubs and sky is blue with cloudsWhat is a Life Estate Deed?

To protect assets from estate recovery and avoid probate, a legal document called a Life Estate Deed may be created. The Deed establishes one ownership over a property for the remainder of the owner’s life, but also creates a future ownership interest in a beneficiary, typically a child. This means that the owner maintains control over the property for his or her lifetime, but upon death the property automatically passes to the beneficiaries without passing through probate and estate recovery.

Avoiding Probate and Estate Recovery

Estate recovery is a process by which an individual’s assets, after their death, may be claimed to reimburse MassHealth and the State of Massachusetts for medical services that were provided by public health programs, such as MassHealth/Medicaid.

Without a Life Estate Deed, MassHealth can place a lien on the decedent’s property, seeking reimbursement for their services.

With a Life Estate Deed, any MassHealth lien placed on the property is automatically terminated.

Uses and Restrictions of Life Estate Property

The complete protection from estate recovery allows the owner to maintain some control over his property. For his lifetime, he can use, occupy, and enjoy the property. The owner remains responsible for maintenance and any expenses, including taxes and insurance, unless he enters a nursing home (at which time his beneficiaries will be responsible for the property’s maintenance).

In addition, the owner can exclude the beneficiaries from using or enjoying the property while he is still alive.

If the property in the Life Estate Deed is real estate and the owner rented the property, he could collect 100% of the rent proceeds during his life time. However, property that is part of a Life Estate Deed could not be sold, mortgaged or refinanced by the owner without consent from the beneficiaries, as these types of actions would affect their future ownership.

Disadvantages to Life Estate Deeds

estateA Life Estate Deed is not for everyone. Care should be exercised when planning with life estates.

There are often unfavorable tax consequences when the home is sold during the life tenant’s lifetime. Significant cpaital gains taxes may be owed by the other owners when sold during the life of the life tenant. Additionally, the ownership interest granted to the future beneficiaries may be at risk to the creditors of the new co-owners. Imagine your child filing for bankruptcy or divorce while having this interest in your home.

Contact Baker Law Group

Under the right circumstances, a Life Estate Deed can be a very effective part of your estate planning. Like most other estate planning documents, you should consult one of our qualified estate planning attorneys to determine whether a Life Estate deed is best for your estate planning goals.

For more information, contact Baker Law Group P.C. at 800-701-0352 or 781-996-5656.

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  • Home
  • Practice Areas
    • Estate Planning
      • Overview
      • Estate Planning Attorneys
      • High Net Worth Estates
      • Asset Protection
      • Durable Powers of Attorney
      • Homestead Declaration
      • Trust Types Explained
      • Retirement Accounts
      • Healthcare Proxy / Medical Directive
      • Living Wills
    • Elder Law
      • Overview
      • Asset Protection and Elder Law
      • Life Estate Deed
      • Masshealth / Medicaid
      • Long-Term Care / Nursing Home
      • VA Benefits
      • FAQS for Elder Law (MA)
      • Elder Law Attorneys
    • Trust, Will & Estate Administration
      • Overview
      • Estate Administration Wrongful Death
      • Federal Estate Tax
      • Probate Attorneys FAQ
    • Guardianship and Conservator
      • Guardianship Attorney
    • Premarital Agreements
    • Business Planning
      • Selecting a Business Structure
      • Business Asset Protection
      • Limited Liability Company (LLC)
    • Massachusetts Lottery Trusts
  • Baker Law Group
    • About Us
    • Attorney Profiles
  • Client Reviews
  • Blog
  • Media
  • Contact Us
  • 781-996-5656
Baker Law Group P.C. – Estate Planning