{"id":30,"date":"2013-08-31T16:03:00","date_gmt":"2013-08-31T16:03:00","guid":{"rendered":"http:\/\/massrods.com\/essexnorth\/?page_id=30"},"modified":"2021-11-01T18:57:59","modified_gmt":"2021-11-01T18:57:59","slug":"homestead-information","status":"publish","type":"page","link":"https:\/\/massrods.com\/middlesexsouth\/homestead-information\/","title":{"rendered":"Homestead Information"},"content":{"rendered":"

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A Major Revision to Massachusetts Homestead Law took effect on March 16, 2011.<\/h3>\n

To read the full version of the new Mass General Laws chapter 188, CLICK HERE<\/a><\/p>\n

To download a blank Homestead form CLICK HERE<\/a><\/p>\n

To download a blank Homestead form for property held in trust CLICK HERE<\/a><\/p>\n

The recording fee for a Declaration of Homestead is $35 and the Homestead becomes effective immediately upon recording.[\/vc_column_text][vc_column_text]<\/p>\n

Homestead Q&A Pamphlet available Here<\/h3>\n

If you you’d like to view and download the Secretary’s Homestead pamphlet then click below.<\/p>\n

English PDF<\/a>\u00a0Spanish PDF<\/a>\u00a0Brazilian Portugese PDF<\/a>[\/vc_column_text][vc_column_text]<\/p>\n

Homestead Q & A<\/h3>\n

What is the Homestead Act?<\/strong><\/p>\n

An estate of homestead is a type of protection for a person\u2019s principal residence. There is an automatic homestead protection of one hundred and twenty-five thousand dollars ($125,000) with respect to a home that does not declare a homestead exemption with the Registry of Deeds. This automatic protection may be sufficient to protect a deposit made upon the estate; however, it is not likely to be sufficient coverage to protect the full value of your home. In order for homeowners in Massachusetts to protect the value of their property up to five hundred thousand dollars ($500,000) per residence, per family, you must file a document called a \u201cDeclaration of Homestead\u201d. The form is filed at the Registry of Deeds in the county or district where the property is located, referencing the title\/deed to the property (Secretary Galvin).<\/p>\n

Who can file a Homestead protection?<\/strong><\/p>\n

The owner or owners of a home who occupy or intend to occupy the home as a principal residence may file a homestead protection. A sole owner, joint tenant, tenant by the entirety, tenant in common, life estate holder, or holder of a beneficial interest in a trust may all be regarded as owners. With respect to a home owned by joint tenants or tenants by the entirety, the homestead exemption remains whole and unallocated between the owners. If there are more than two (2) joint tenant owners, there is ability to add an additional two hundred and fifty thousand dollars ($250,000) to the exemption amount for additional joint tenants in certain cases. With respect to a home owned by multiple owners as either tenants in common or as trust beneficiaries, the homestead exemption shall be distributed among the owners in proportion to each of their ownership interests. Manufactured or mobile home owners are also eligible to declare homestead protection under the provisions of the new statute.<\/p>\n

My home is held in trust, am I entitled to a Homestead protection?<\/strong><\/p>\n

Yes, effective March 16, 2011, a holder of a beneficial interest in trust is considered an \u201cowner,\u201d eligible for an estate of homestead. If your home is owned in trust, only the trustee shall execute a declaration of homestead on behalf of the trust\u2019s beneficiaries. The trust declaration and or trustee certificates may also need to be recorded at the Registry of Deeds. In the declaration of homestead, the trustee must identify each of the beneficiaries to the trust that occupy or intend to occupy the premises as their principal residence. The spouses, if any, of any resident beneficiary must also be identified and each must state whether they also occupy or intend to occupy the premises as their principal residence.<\/p>\n

Where do I file my Homestead?<\/strong><\/p>\n

Each homestead must be filed in the county or district Registry of Deeds in which the residence is located. To acquire a homestead for a mobile home, also referred to as a manufactured home, you must file at the Registry of Deeds in which the mobile home is located. The Registry of Deeds must file your manufactured home declaration even though you do not have a deed on record.<\/p>\n

Homestead forms may be obtained at www.sec.state. ma.us\/rod and most Registries of Deeds. Links to your county or district\u2019s website are also available. Forms are also available at legal stationery stores or your local attorney\u2019s office. Be sure the form is filled out completely and has been properly notarized, and remember to enclose a check for the thirty five dollar ($35.00) recording fee when sending in your completed form. Checks should be made payable to the Commonwealth of Massachusetts.<\/p>\n

How am I protected?<\/strong><\/p>\n

The real property or manufactured home which serves as an individual\u2019s principal residence upon filing a declaration of homestead shall be protected. A principal residence is considered to be the primary dwelling where an owner, and their family if applicable, reside or intend to reside. The declared estate of homestead shall protect against attachment, seizure, execution on judgment, levy or sale for the payment of debts to the extent of five hundred thousand dollars ($500,000) per residence, per family<\/p>\n

The declaration of homestead shall benefit each owner named on the homestead and each of the owner\u2019s family members who occupy or intend to occupy the home as their primary residence. Each family member shall have the right to use, occupy and enjoy the home. The new law provides additional protections to spouses that are not listed as owners in their principal residences. For example, protection extends automatically to a new spouse where an unmarried person declared a homestead and later marries. Also, divorcing spouses are protected against the loss of homestead through termination or divorce. Neither divorce nor remarriage will affect the homestead of the spouse who still primarily resides in the home.<\/p>\n

How am I protected if I am 62 or older, or disabled?<\/h3>\n

The real property or manufactured home of persons sixty-two (62) years of age or older or of a disabled person, regardless of age, shall be protected against attachment, seizure, execution on judgment, levy or sale for the payment of debts. Real property or manufactured homes must serve as an individual\u2019s principal residence and each individual filing as either elderly or disabled will be eligible for protection up to a maximum amount of five hundred thousand dollars ($500,000) regardless of whether such declaration is filed individually or jointly with one another. Elderly persons, regardless of marital status, will be personally exempt up to five hundred thousand dollars ($500,000) each. If two (2) owners qualify for the elderly or disabled homestead protection, the aggregate protection on the home shall be one million dollars ($1,000,000). Take note, each elderly or disabled homestead protection shall terminate upon the person\u2019s death. If there are multiple owners and only one qualifies for an elderly or disabled homestead protection, it may be advisable to file one homestead declaration per owner in order to protect the family\u2019s right to use, occupy and enjoy the home. Additionally, if there are dependent minor children, under the age of 21, living with all elderly or disabled homeowners, you may wish to consult an attorney in order to adequately protect the children\u2019s right to use, occupy and enjoy the home. Be sure to use the proper homestead form when you file.<\/p>\n

What does the Homestead law mean by a \u201cdisabled person\u201d?<\/h3>\n

A disabled person is defined as an individual who has any medically determinable permanent physical or mental impairment that meets the disability requirement of supplemental social security income. In most cases, an individual is considered disabled \u2013 for the purpose of this law \u2013 if he or she cannot engage in any gainful activity as a result of the physical or mental impairment.<\/p>\n

If you are declaring a homestead to benefit a disabled person, either an original or certified copy of the disability award letter issued by the United States Social Security Administration, or a certification letter signed by a licensed physician registered with the Massachusetts Board of Registration in Medicine must be attached to the homestead form. Disabled persons must meet the disability requirements stated in 42 U.S.C. 1382c(a)(3)(A) and 42 U.S.C. 1382c(a) (3)(C) as in effect at the time of recording.<\/p>\n

Are my spouse and children covered, should I pass away?<\/h3>\n

Yes. Should the parent who declares the homestead die, the law protects the family\u2019s right to use, occupy and enjoy the home. Married persons, regardless of whether they both own the home, unmarried individuals and any minor children under the age of 21 shall all be protected by the homestead. The homestead protection shall continue despite the remarriage of a surviving or former spouse.<\/p>\n

If I am over 62 and my spouse is under 62, should we both file?<\/h3>\n

Yes. Pursuant to M.G.L. Chapter 188, Section 2(b), an elderly homestead protection for the individual over the age of 62 is personal to the qualifying individual and will terminate upon the transfer of their ownership interest, subsequent declaration of homestead on another property, abandonment or death. In order to ensure that the homestead protection does not terminate unexpectedly for the spouse that is under the age of 62, one homestead should be filed per owner. This is a noteworthy change under the new law. Under the former statute, filing a new declaration of homestead voided any earlier homestead which could have opened up a claim period for previous creditors, leaving homeowners unprotected for a period of time. Effective March 16, 2011, a second homestead declaration shall relate back to the first declaration, thereby ensuring that the homeowners maintain their homestead protection.<\/p>\n

When your spouse turns 62 and qualifies for an elderly homestead protection, you may also consider filing another elderly homestead on their behalf. If and when you and your spouse both qualify as elderly, you may aggregate each personal five hundred thousand dollar ($500,000) protection to one million dollar ($1,000,000). In all cases, you may want to consult an attorney to take any personal matters into consideration.<\/p>\n

Will my Homestead declaration protect my home from being taken if I go into a nursing home?<\/h3>\n

Liens imposed by the Massachusetts Department of Transitional Assistance (formerly Public Welfare), as a result of the payment of Medicaid benefits, are exempt from the homestead protection. However, as of the printing of this pamphlet, as long as the recipient, or the spouse of the recipient, is alive, the Commonwealth will not look to the residence for reimbursement of Medicaid benefits. If the surviving spouse is also the recipient of Medicaid benefits, the Commonwealth will file a claim for reimbursement from the estate for the entire amount of Medicaid benefits paid, once the surviving recipient has died. The rules and regulations regarding Medicaid are complicated and constantly changing. You should consult an attorney to address your specific concerns regarding Medicaid.<\/p>\n

Is there anything I will not be protected from?<\/h3>\n

The following are exempt from the homestead law:<\/p>\n