Love and Kisses until Your House is Gone

15 Mar

Metro®Boston, Publication Date: March 14, 2012
By Attorney George Warshaw

It’s like a scene from “The Bachelor.”

It’s all love and kisses, “til death do us part,” and syrup on the pancakes – until reality sinks in. It’s back to the daily job and routine daily life? Does anyone get or stay married?

Is it any different when an older parent deeds the family home to one’s kids for love and affection? “We’ll use it to take care of you – and the government won’t get it!”

But the deed’s in someone else’s name! What if son or daughter gets divorced, sick or sued? Or if son or daughter needs personal money and borrows against the house – temporarily, of course?

One way of protecting a home is through a trust. A trust is a set of rules constructed by a lawyer to accomplish a goal or protect an asset, oftentimes both.

The trustees own the house on behalf of the trust and not personally – and a parent can name a trusted advisor as co-trustee who can have veto power on the sale or mortgaging of the home.

The house is thus protected from unnecessary sale or mortgage and the personal creditors of the son or daughter.

Caution: Check with a Medicaid attorney before transferring property out of an older parent’s name.

George Warshaw is a real estate and estate planning attorney in Massachusetts. He represents buyers and sellers of homes and condos in Massachusetts, and prepares wills, trusts for individuals and families. George welcomes new clients and questions at metro@warshawlaw.com.

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Legal Advice: Laws, and court decisions interpreting them, change frequently and this article is not updated as laws change. The content and information contained in this article is neither intended as legal advice nor shall establish an attorney-client relationship.

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