How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask FamilyAttorney Your Own Question
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1423
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Type Your Family Law Question Here...
FamilyAttorney is online now
A new question is answered every 9 seconds

I am caregiver to elderly mom and stepfather in

Customer Question

I am caregiver to elderly mom and stepfather in Massachusetts. Mom owns the house. My stepfather had pneumonia is now in rehab. My stepfather has a trust for his assets of $600,000. My mom and stepfather had a prenup which clearly separates their assets and states that the house will remain my mother's house. If my stepfather ever has to go to a nursing home, will any of the house be at risk for his health care costs? Thank you!
Submitted: 11 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 11 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law appeals and landlord-tenant law. I look forward to helping you today.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you. It is NO EXTRA CHARGE to you but it’s important to me! Thanks!

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. This is for educational purposes only and you are advised to seek your own legal counsel.

Expert:  FamilyAttorney replied 11 months ago.

The prenup is to be used in case of divorce or death in Mass. The problem is that there is no divorce here. Your stepfather can presumably access his trust and use those assets for his medical care. It is unlikely that the house could be used but that doesn't mean it can't. They are still married, and even though it's in her name, your stepfather could have done something to the house to improve it, thereby making it separate property which was enhanced by the stepfather, changing it to marital property, although of limited value as marital property. I would suggest you seek a wills and estates attorney to see if you can get your mother to get this house off the table completely -- maybe she will want to bequeath the property to someone else, such as you, or maybe she will want to put it in trust. Even though it's not in the prenup, it's not completely protected under Mass's equitable distribution laws. I would suggest a consult with a wills and estates attorney to make sure that the house is completely unable to be touched by your stepfather. Here, without a divorce, there is no guarantee it can't be touched. I know you'd like to have that guarantee, but I know you'd rather I be honest with you.
I am sorry that you and your family are in this predicament, but I would strongly advise a consult. If you want I can send names of estate lawyers near your area and explain how to choose a lawyer. We can't recommend any particular lawyer but we can send a list and give you a guideline as to how to choose one or two lawyers. I have a guideline which is easy to follow. Please let me know if you would like this info. I do this for all my customers here.

Does this answer your question?

Expert:  FamilyAttorney replied 11 months ago.

I am more than happy to answer additional questions based on this one if you want.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. If you need additional information please let me know. Best of luck to you!

Please accept my answer, rate my answer as one of the top three faces/stars and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. I thank you in advance for rating me. Please let me know if there is more that I can do to answer your question and if you need more information. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. Thank you, ***** ***** you for allowing me to help you today.

Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

We are not employees of this site, so it's important for us to be rated to get credit for the time we spend here and so we can be paid. Thank you!

Expert:  FamilyAttorney replied 11 months ago.

I meant to say that even though it is in the prenup. I wanted to edit that and I can't so I'm editing it here. The prenup doesn't give enough protection. Thank you!

Expert:  FamilyAttorney replied 11 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks and thank you for allowing me to help you.


Related Family Law Questions