Homestead Exemption Forms With Trust In Middlesex
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FAQ
The 2010 act authorizes the 'owner' of a home to file a homestead declaration. . . and defines 'owner' as 'a natural person who is a sole owner, joint tenant, tenant by the entirety, tenant in common, life estate holder or holder of a beneficial interest in a trust.
Yes, if you hold a beneficial interest in the trust. You are considered an “owner” and eligible for an estate of homestead in that case.
Up to $1,000,000 of Protection is Available. You can file a formal Declaration of Homestead to protect up to $1,000,000 of your home's value. A Declaration of Homestead becomes effective when it is signed by all the property's owners and recorded at the Registry of Deeds.
The Massachusetts Homestead Act is a law under which a homeowner is protected by an Estate of Homestead. A homestead estate provides limited protection of the value of the home, up to $1,000,000, against unsecured creditor claims.
A lien can be placed on your home before and after you file a declaration of homestead, but no one can collect on the lien(s) that were placed on your home after you filed a declaration of homestead.
The Massachusetts Homestead Act has a separate section that allows individuals 62 years or older to obtain additional protection up to $500,000 per person in their primary residence under Section 2. (This provision also applies to disabled persons.)
How is the Homestead established? Section 4 of MGL Ch. 188 provides an automatic exemption available to everyone who owns a home and who occupies or intends to occupy the home as his or her principal residence. This exemption is for $125,000.00.
The homestead exemption application is available at most municipalities or you may download the application on the Homestead Exemptions page. The completed application must be submitted to the municipality where you reside. If your home has more than one owner, only one signature is required.
Unlike some other states (Florida being the most frequent example we are given), there is no "homestead exemption" in Massachusetts. The homestead document you may have filed with the Registry of Deeds does not have any effect on your real estate taxes.
The Homestead Exemption reduces the taxable portion of your property assessment by $100,000 if you own a home in Philadelphia and use it as your primary residence. Homeowners will typically save up to $1,399 each year with Homestead starting in 2025.
