West Bridgewater, MA asked in Elder Law for Massachusetts

Q: my 88 yr old dad has dimentia but def has some facalties. he was abused in marital home -removed and is living w/ me POA

I am his daughter, POA & Rep Payee he lives on 800/mo with great ins/medicaid. She is living on about $5000/month retired teacher after they spent his state retirement on grandson's college. She cut him off everything but keeps claiming him on her taxes even though that is my legal right and then keeps the refund. I am of understading they are house poor because of constantly borrowing equity on house. They've been together 45 yrs and i know have other assets. my biggest concern is that I know he always had a quite large life ins policy that she is denying. He would not hold a policy and let it go so close to end of life and he wants to remove her as the beneficiary but can't remember which ins company is to do so and I know that in MA existing spouse automatically gets all assets, ins policies etc in spouse's death.....i do not want her to make a dime off his death she has abandoned and abused him and I feel they should get divorced...this is in MASSACHUSETTS ...I HELP

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Woburn, MA
  • Licensed in Massachusetts

A: You should consider whether your father would want to divorce his spouse . If he is competent he can file same and seek equitable distribution of the marital estate. if they are eventually divorced she would not be receiving anything from his estate. Also as his power of attorney you should do an address change as soon as possible so that his mail will be forwarded to your father at your address and then try contacting as many insurance companies as possible until you receive a premium notice. If there are children not of this marriage, wife would not receive the full estate in intestacy. Definitely meet with an attorney as soon as possible. You should also contact the office of elder affairs for your area about the abuse by his wife.

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