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Asked in MA May 21, 2022 ,  0 answers

is a deed with life estate included in a will?

My fater-in-law wants to transfer his house to his children with life estate. does he still need to include it in his will or should mention of it be omitted?

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3 Answers

Anonymous
Reply

Posted on / Apr. 19, 2009 23:01:00

Re: is a deed with life estate included in a will?

Property in a life estate passes outside the will and the probate process, so there is no need to mention it in the document.

However, there are potential MassHealth implications for your father and tax implications for the children. I strongly suggest that before he makes the transfers, he consult with me or another elder law attorney to be sure this is the right move for him.

Anonymous
Reply

Posted on / Apr. 19, 2009 23:01:00

Re: is a deed with life estate included in a will?

Property in a life estate passes outside the will and the probate process, so there is no need to mention it in the document.

However, there are potential MassHealth implications for your father and tax implications for the children. I strongly suggest that before he makes the transfers, he consult with me or another elder law attorney to be sure this is the right move for him.

Anonymous
Reply

Posted on / Apr. 19, 2009 23:01:00

Re: is a deed with life estate included in a will?

Property in a life estate passes outside the will and the probate process, so there is no need to mention it in the document.

However, there are potential MassHealth implications for your father and tax implications for the children. I strongly suggest that before he makes the transfers, he consult with me or another elder law attorney to be sure this is the right move for him.

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