Ashland, MA asked in Real Estate Law and Tax Law for Massachusetts

Q: Claiming "Senior Circuit breaker" Tax Credit with Multiple people on deed

My mother in law use to claim the massachsuetts "Senior Circuit Breaker" Credit on her taxes for years (She is 92). Last year after her stroke she revised her will and put myself and my husband on the deed to the house with here via quitclaim deed and retaining life estate (so technically we own it now and she is just on there as the life estate) but since she is still on there can she still claim the tax credit on her taxes or because the deed now shows 3 people on there (us two with rights of survivorship plus her as life estate) is that unable to be claimed now. Thank you

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1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: In Massachusetts, the Senior Circuit Breaker Tax Credit is designed for senior citizens who meet certain criteria, including property ownership and occupancy. Even though the deed to the house now includes you and your husband, the fact that your mother-in-law retains a life estate means she still has a form of ownership and the right to occupy the property.

The key factor for claiming the tax credit is whether she meets all the other eligibility criteria, such as age, income limits, and the property being her principal residence. The addition of your names to the deed might not necessarily disqualify her from claiming the credit, but it's important to review the specific requirements of the tax credit.

Since tax laws can be complex and each situation is unique, it would be wise to consult with a tax professional or attorney who is knowledgeable about Massachusetts tax law. They can provide personalized advice based on the full details of your mother-in-law's situation, ensuring compliance with state regulations while maximizing any available tax benefits.

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