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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 38307
Experience:  Texas lawyer for 30 years in Estate law
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IF A MASSACHUSETTS SENIOR ON MEDICAID DIES, HOW CAN SHE SAFEGUARD

Customer Question

IF A MASSACHUSETTS SENIOR ON MEDICAID DIES, HOW CAN SHE SAFEGUARD HER HOUSE FROM THE STATE TAKING OWNERSHIP, EVEN THOUGH SHE HAS A JOINT TENANCY WITH HER BROTHER?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
Does Mass.have a MERP program to recover past medicaid benefits
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.Here MA does have estate recovery but it would not be able to touch a joint tenancy with right of survivorship.The property here passes outside probate the estate recovery focuses on making claims against probated assets. Since the property here passes directly like life insurance or other POD bank accounts then MA estate recovery has no claim or way to claim it. Reference. http://www.southshoreelderlaw.com/jointly-held-assets-in-massachusetts-the-good-the-bad-and-the-ugly.html This would not be a problem here if you have a joint tenancy with right of survivorship it passe to your brother if he survives you by deed rather than probate. I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  RayAnswers replied 1 year ago.
I appreciate the chance to provide you information tonight.
Expert:  RayAnswers replied 1 year ago.
Thanks..