Property was transferred before look-back period; attorney’s failure to timely register sale not fatal; evidence was that appellant intended to surrender control of property prior to look-back period.
Category: Late-Recorded Deed
Appeal 1503799
No disqualifying transfer; remainder interest in property was transferred to appellant’s sons in 2004; appellant retained life estate; deed mistakenly not recorded and only recorded in 2015; testimony from family, lawyers, and legal staff; copy of unrecorded 2004 deed; no evidence to suggest illegal backdating of document.
Appeal 1204083
Transfer took place before look-back period; delivery of deed took place in 2005 even though only recorded in 2009; deed executed in 2005 and appellant told granddaughters that it was in safe deposit box; since 2005 granddaughters have maintained property and acted as owners.
Appeal 1106530
Transfer took place before look-back period; deed was delivered to son earlier even though only recorded later; attorney testified to appellant’s earlier delivery of the deed to her son and informing him that it was a completed gift; transferred remainder interest and retained life estate.
Appeal 1014765
Transfer took place before look-back period; deed was delivered to son earlier even though only recorded later; son testified and provided evidence.
Appeal 1001130
Disqualifying transfer; delivery of deed occurred when it was recorded inside the look-back period; appellant claimed to have transferred property before look-back period but deed never recorded; appellant transferred property again in 2007 however, which she would not have been able to do if an earlier transfer had occurred; also there was not evidence of the original deed aside from a copy, nor did the closing attorney testify.
MassHealth Appeals 