Medford, MA asked in Estate Planning, Health Care Law and Real Estate Law for Massachusetts

Q: I am on a quitclaim deed for my mothers house, does this mean I own the house. She is going onto long term care.

I do not want the nursing home going after the house.

1 Lawyer Answer
Jonathan R. Roth
Jonathan R. Roth
  • Estate Planning Lawyer
  • Salem, MA
  • Licensed in Massachusetts

A: I assume the title is as joint tenants. Until your mother dies you both own the home. The fact she temporarily is not living there does not mean you own the home. Assuming your title is as joint tenants, when your mother passes you record her death certificate and at that point the sole title to the property passes to you. In the interim, if you want to rent or sell the home I suggest you contact an attorney familiar with both estate planning, Medicare/ Medicaid, and real estate law. If the title is as tenants in common, then matters become even more complicated. If the title is in the form of a life estate, then things are more complicated as well. Please feel free to contact me without obligation.

John Espinosa agrees with this answer

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