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Re: Massachusetts inheritance laws and home ownership....

West Yarmouth, MA |

If my husband has our home in his name only, do I inherit the house upon his death?
...Do I pay inheritance/sales tax?
...How is the mortgage affected?
.......Does the bank bill me for future mortgage payments?
.......Does the bank bill me for the mortgage payment in full?

If my husband has our home in his name only and I incur unpaid medical costs:
...Can the home be attached to recoup those unpaid medical costs?
Thank you

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Attorney answers 4

Best Answer

What happens to the home depends on whether your husband dies with or without a will. If he dies with a will, the house goes to whoever he says will inherit the property. If he dies without a will, the house will go to you UNLESS he has children from other relationships. If that is the case, you would get a share of the estate and the other children would get a share of the estate.

It is critical that you and your husband sit down with a good estate planning attorney and set up a plan which will carry out your wishes.

E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.


These are fact-specific questions of great importance. You should consult a competent estate planning lawyer.

Disclaimer: This site exists to provide information only. It is not legal advice. Answering your question does not create an attorney-client relationship. I am a Massachusetts lawyer. Any information provided on this site does not, except as explicitly stated, imply familiarity with laws or procedures peculiar to your state which may differ from those where I practice.


This really requires estate planning so you do not make the situation unnecessarily and financially complicated.

NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.


The answer depends on many factors, including whether or not your husband has children from other relationships and whether or not he has a will. You should both consult an attorney to ensure that you have wills and other documents necessary to ensure the safest transfer of assets when either of you dies.

I handle estate planning such as this, as do many firms you can find using the "Find a Lawyer" link above.