Probate Duration And Contest

Summary

Probate in Massachusetts can last from months to years, depending on estate complexity. MassHealth Estate Recovery can claim against estates, but exemptions exist for disabled beneficiaries. If a house is involved, recovery typically occurs from sale proceeds. Siblings have up to one year to contest a will after probate allowance. Consult a probate attorney for personalized advice.

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If i am disabled and took care of my mom but lived some where else can masshealth recovery take everything
MassHealth Estate Recovery can claim against an estate for Medicaid benefits paid. However, there are exemptions:
- Surviving spouse
- Child under *
- Child who is blind or permanently and totally disabled
- Sibling with an equity interest in the home who lived there for at least one year before the deceased entered a care facility
Can you provide more details about the property and any other heirs involved?
My siblings was disinherited but my daughter been living there for about 4 years
In Massachusetts, MassHealth Estate Recovery can claim against an estate, but there are exemptions, including for a child who is blind or permanently and totally disabled. Since your daughter has been living there for about four years, it's important to consider if she may have any rights or claims to the property.
Can you confirm if your daughter is disabled or if there are any other specific details about her situation that might be relevant?
Shes not disabled but she has helped my mom
Here are some points to consider for your situation:
- MassHealth Estate Recovery can claim against an estate for Medicaid benefits paid.
- Since your daughter isn't disabled, she wouldn't automatically qualify for an exemption.
- However, her contribution to your mom's care might be relevant in certain contexts, such as a claim for caregiver compensation.
Do you have any legal documentation or a will that mentions your daughter's contributions?
No
In this situation, considering your daughter's contributions to your mother's care, it might be beneficial to seek legal advice regarding potential caregiver compensation or other claims. Legal documentation, such as a will, could strengthen her position. Consulting an attorney specializing in estate planning or elder law in Massachusetts could provide more specific guidance.
Would you like information on how to find a suitable attorney?
If my mom not on the loan of the house but on the deed and its deeded as tic if the house goes to foreclosure what to do
If the house is deeded as tenants in common (TIC) and goes into foreclosure:
- Foreclosure affects the entire property, regardless of who is on the loan.
- Your mother may lose her interest in the property.
- Consider consulting a foreclosure attorney for specific advice and possible solutions.
Do you need information on finding a foreclosure attorney in Massachusetts?
If my mom payed 3 years plus in mortgage payments due to the other party passed can my mom get that back at the end
If your mom paid over 3 years of mortgage payments for a property due to the other party's passing, she may be entitled to reimbursement.
Key points to consider:
- She could potentially recover payments through probate.
- Documentation of payments and evidence of the other party's death will be essential.
Do you have any documentation or records of these payments?
Yes
It's promising that you have documentation of the mortgage payments your mom made. This can be very useful in seeking reimbursement through the probate process. Consulting a probate attorney in Massachusetts would be your best next step to explore these options.
Would you like information on finding a probate attorney in Massachusetts?
I am the beneficial of my moms will and disabled what will happen with masshealth recovery
MassHealth Estate Recovery can claim against an estate for Medicaid benefits paid, but since you are the beneficiary and disabled, you might qualify for an exemption from recovery.
- Exemptions include a child who is blind or permanently and totally disabled.
Would you like more detailed information on how to proceed with this exemption?
Yes
Since you're the beneficiary of your mom's will and disabled, you may qualify for an exemption from MassHealth Estate Recovery. Here are the key points:
- Exemptions include a child who is blind or permanently and totally disabled.
- Proper documentation and proof of disability will be necessary.
Would you like assistance in finding a probate attorney in Massachusetts to help with this process?
Would they take the house from me or would take money when i sell it
MassHealth Estate Recovery typically seeks reimbursement from the proceeds of the house sale rather than taking the house directly.
- As a disabled beneficiary, you may qualify for an exemption.
- Proper documentation and proof of disability are crucial.
Would you like more information on how to proceed with this exemption?
Yes pls
Here are the steps for proceeding with the MassHealth Estate Recovery exemption:
- Gather documentation proving your disability.
- Collect any necessary documents related to your mother's will and estate.
- Consult with a probate attorney in Massachusetts to assist with the exemption process.
Would you like assistance in finding a probate attorney in Massachusetts?
No i have a lawyer
Great to hear you have a lawyer. Since you already have legal representation, it's best to continue discussing your situation with them as they can provide tailored advice specific to your case. If you have any other questions or need further general information, feel free to ask!
Since probate started all ready and i just found my siblings how long do they have to contest the will
In Massachusetts, siblings generally have up to one year from the date of the probate allowance to contest a will. Keep in mind, it's best to check with your lawyer for specific guidance based on the details of your case.
Do you need more information on the probate process?