FREQUENTLY ASKED QUESTIONS

Massachusetts Real Estate, Probate, Estate Planning & Elder Law FAQs

REAL ESTATE LAW:

  • Do I need a real estate attorney in Massachusetts to buy or sell a home?

    Massachusetts is an attorney-driven real estate state. Buyers and sellers often use attorneys to review contracts, examine title, resolve title issues, coordinate with lenders, and handle closing documents.

  • What is the basic process for buying a house in Massachusetts?

    The process usually includes making an offer, completing a home inspection, signing a purchase and sale agreement, securing financing, clearing title, and completing the closing with recorded documents.

  • What is a title defect or cloud on title?

    A title defect is a recorded issue that affects ownership or marketability, such as an unreleased mortgage, lien, boundary issue, missing probate document, or improperly recorded deed.

  • Can a house be sold after the owner dies in Massachusetts?

    A home may be sold after death if the seller has legal authority. Trust or survivorship property may be sold without probate, while property held solely in the decedent’s name usually requires probate first.


PROBATE LAW:

  • When is probate required in Massachusetts?

    Probate is required when a person dies owning assets in their individual name without beneficiaries and without a trust.

  • What is the difference between informal and formal probate?

    Informal probate is administrative and used when there are no disputes. Formal probate is court-supervised and used when disputes, objections, or court orders are needed.

  • How long does probate take in Massachusetts?fect or cloud on title?

    Many estates take several months. Estates involving real estate, taxes, or disputes can take longer.

  • What does a personal representative do?

    The personal representative collects assets, pays valid debts and taxes, manages estate property, and distributes assets to beneficiaries or heirs.


  • What is the difference between a will and a trust?

    A will controls assets at death and often requires probate. A revocable living trust can distribute assets at death and often avoids probate for funded assets.

ESTATE PLANNING:

  • What documents are in a typical Massachusetts estate plan?

    Most plans include a will, health care proxy, durable power of attorney, HIPAA authorization, and sometimes a revocable living trust.


  • What does it mean to fund a trust?

    Funding a trust means transferring ownership of assets into the trust’s name so the trust controls those assets.

  • Can probate be avoided in Massachusetts?

    Probate may be reduced or avoided through funded trusts, beneficiary designations, and survivorship ownership.

ELDER LAW: 

  • How does MassHealth affect an elderly person’s assets?

    MassHealth rules affect eligibility and estate recovery depending on asset type, transfers, timing, and probate involvement.

  • What is the MassHealth five-year look-back period?

    MassHealth reviews transfers made within the 60 months before applying for certain long-term care benefits.

  • What is a special needs trust?

    A special needs trust holds assets for a person with disabilities while protecting eligibility for means-tested benefits in many cases.

  • When should families consult an elder law attorney?

    Families often seek elder law advice when planning for long-term care, MassHealth eligibility, guardianship, or asset protection.