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Frequently Asked Questions: Estate Planning & Probate

What is a Declaration of Homestead?

In Massachusetts, a homeowner receives an automatic homestead in his or her primary residence in an amount of $125,000.00.  In addition, a homeowner can execute and record a written Declaration of Homestead, which provides a total of $500,000.00 of protection in his or her primary residence.  The Declaration of Homestead protects the homeowner’s primary residence, up to the relevant amount, from many debts and liabilities incurred by the homeowner, though there are certain important exceptions, including purchase money mortgages.

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