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Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself.
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Real Estate

Home / Real Estate /
 Do We Need to Change to Tenancy in Common Before Placing House in Trust?
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By Harry Margolis
In Real Estate, Revocable Trusts
Posted September 20, 2023

Do We Need to Change to Tenancy in Common Before Placing House in Trust?

Question: We are elderly married Massachusetts residents, and we own our home tenants by the entirety. We would like to put our home in a revocable shared living trust, so the house can pass from [...]

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 Is Old Massachusetts Homestead Declaration Still Valid?
1
By Harry Margolis
In Real Estate
Posted September 11, 2023

Is Old Massachusetts Homestead Declaration Still Valid?

Question: Regarding your article “What Protection Do Homestead…,” and regarding the clause, “signed under pains and penalty of perjury,” we filed the official Mass form in 2008 which [...]

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 Should We Add My Stepson to Our Deed?
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By Harry Margolis
In Real Estate, Second Marriages, Wills
Posted August 11, 2023

Should We Add My Stepson to Our Deed?

Question: My husband and I are both listed on our condo. My husband recently had a cancer scare and would like to put his son on our deed. He says in case something happens to one or both of us, [...]

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 Is Massachusetts a “Race” or “Notice” State with Respect to Deed Recording?
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By Harry Margolis
In Real Estate
Posted July 24, 2023

Is Massachusetts a “Race” or “Notice” State with Respect to Deed Recording?

Question: I was curious as to whether Massachusetts was a notice, race-notice, or race jurisdiction concerning recording statutes, and I found an article that stated that Massachusetts was a [...]

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 What Can I Do to Prevent Foreclosure if Life Estate Owner is Not Paying Taxes?
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By Harry Margolis
In Real Estate
Posted July 14, 2023

What Can I Do to Prevent Foreclosure if Life Estate Owner is Not Paying Taxes?

Question: My mother left her home in a life estate for a family friend who hasn’t paid the taxes for the last three years. As a result, the property is scheduled to go foreclosure at the [...]

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 From a Tax Perspective, How Should House Be Dealt With Upon Divorce?
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By Harry Margolis
In Real Estate
Posted June 30, 2023

From a Tax Perspective, How Should House Be Dealt With Upon Divorce?

Question: This is a divorce question regarding how capitol gain taxes apply if one spouse would like to “buy” the other spouse out. What is their tax basis after the divorce and is [...]

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 Can My Parents Use Section 8 Voucher to Rent from My Mother-in-Law?
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By Harry Margolis
In Real Estate
Posted June 21, 2023

Can My Parents Use Section 8 Voucher to Rent from My Mother-in-Law?

Question My parents have Section 8 voucher. Can they rent from a trust where the beneficiary is my mother-in-law? Response: Yes. They are only related through you and your spouse which is not [...]

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 How Does Nominee Trust Report and Pay Capital Gain on Sale of Property?
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By Harry Margolis
In Real Estate
Posted June 16, 2023

How Does Nominee Trust Report and Pay Capital Gain on Sale of Property?

Question: My brother and I are the trustees of a “Nominee Trust.” We sold the property held in the last month. The trustees and two other brothers, total four, are the beneficiaries [...]

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 Which Table Should be Used to Value Life Estate Interest?
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By Harry Margolis
In Real Estate
Posted June 12, 2023

Which Table Should be Used to Value Life Estate Interest?

Question: I have some questions about a real life example we are facing. – John and Joan were married in 1999 and entered into a joint Life Estate agreement with regard to a condominium [...]

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 What Tables Are Used to Determine Life Estate Interest in Property?
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By Harry Margolis
In Real Estate
Posted April 20, 2023

What Tables Are Used to Determine Life Estate Interest in Property?

Question: In your article “What Happens to Capital Gain when Joint Owner of Life Estate Dies?” what table issued by the IRS was used to determine that 8% of the proceeds should go to [...]

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