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Declaration of Homestead Laws in Massachusetts

For most people, their home is their most valuable asset. Leaving your home to a spouse or child beneficiary in a will may not be enough to keep it in the family or protect it from creditors. Working hard and paying the mortgage on time may not be enough to protect your home if you become embroiled in a lawsuit. Having a Declaration of Homestead on file is the best way to protect your home and your loved ones who wish to remain in your home after you have passed. If you have not included a legal Declaration of Homestead as part of your home purchase or estate planning, Shapiro Law Group, PC, can help you get it done. Basically, a Declaration of Homestead exempts a home from a forced sale to pay off debts. This protects the home from creditors and lawsuit judgments, if that judgment is for more than insurance will cover. While there is automatic homestead protect up the amount of $125,000, filing a declaration of homestead with the Registry of Deeds will protect a home up to $500,000.


One benefit of having a Declaration of Homestead on file is for the protection of your spouse and minor children. They will be able to stay in the home and not risk losing it to any creditors that may come forward or if there are outstanding debts after death. However, homeowners should know Declaration of Homestead does not guard against collection of tax liens or mortgage debt. If your home is your principle residence, you surely want to take every step to protect it in the event of a lawsuit or a death. Knowing your home is safe from confiscation or forced sale can give you peace of mind. Shapiro Law Group, PC, knows the importance of the roof over your family’s head and how hard you have worked to provide that roof. Our comprehensive estate planning services with the inclusion of a Declaration of Homestead can help ensure your estate is taken care of and your beneficiaries are protected in every way. Let our firm guide you through the process of filing a Declaration of Homestead and help make sure your home and your family are safeguarded as much as possible. The attorneys at Shapiro Law Group, PC, are ready to help you. Contact us today to set up your free initial consultation. (339) 298-2300.

Declaration of Homestead Laws

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