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Last Login: 8/29/2008 2:43:06 PM
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| MY MOTHER HAS BEEN IN A NURSING HOME SINCE NOV.2004,WITH MEDICARE & HER BC/BS COVERING THE FIRST 100 DAYS AND MEDICAID KICKING IN IN FEB. 2005. HER HOME HAD BEEN PLACED IN A LIFE ESTATE IN DEC. 2001 WITH MY SIBLINGS & I BEING THE INHERITANTS. MASSHEALTH PLACED A LIEN ON HER HOME IN MAY 2005. MY MOTHER'S SOCIAL SECURITY & PENSION COVER SOME OF THE COST OF THE NURSING HOME WITH MASSHEALTH PICKING UP THE REST. MY SIBLINGS AND I ARE PAYING THE MAINTENANCE COSTS ON THIS VACANT PROPERTY SUCH AS TAXES, AND UTILITIES. MY QUESTION IS THIS: CAN MY BROTHER SELL HIS INTEREST IN THE LIFE ESTATE TO MY SISTER FOR $10,000 WHICH IS WAY BELOW MARKET VALUE WITHOUT IT BEING CONSIDERED A SALE OF ASSET WHICH WOULD TRIGGER MASSHEALTH STEPPING IN TO RECOVER THEIR INTEREST IN THE ESTATE? MY SISTER HAS HAD A QUITCLAIM DEED DRAWN UP TO GIVE HER MY BROTHER'S INTEREST IN THE PROPERTY WITHOUT MY INVOLVEMENT AND I AM THE EXECUTOR OF OUR MOTHER'S ESTATE AND HER POWER OF ATTORNEY. MY MOTHER HAS DEMENTIA AND CANNOT REPRESENT HERSELF. ALSO SINCE THE LIFE ESTATE WAS IN PLACE THREE YEARS,WHICH WAS THE LOOKBACK TIME TWHEN MY MOTHER APPLIED FOR MASSHEALTH, WILL THE ESTATE BE EXEMPT FROM THE LIEN WHEN MOTHER DIES AND PASS DIRECTLY TO HER HEIRS WITHOUT PROBATE AS THE ELDER LAW AGENCY ORIGINALLY TOLD US IT WOULD?
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Last Login: 5/27/2008 11:04:45 PM
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Yes, the transfer between your sister and brother will be fine as far as MassHealth is concerned. I haven't seen the deed, so I cannot comment on it as a real estate transaction. Also, yes, under current law if you don't sell the house until after your mother's death, the state must remove its lien at that time. Again, I say this without the opportunity to review the life estate deed itself.
Harry S. Margolis
ElderLawAnswers
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