Legal Question in Wills and Trusts in Massachusetts

My father and sister sold the family vacation home without telling me and it is in a purchase and sales status. It had been promised to me as part of my inheritance. I believe my father was pessured by my sister and gave her the power of attorney because he was ill and I believe he is not thinking clearly. Can I get an injunction to stop the sale?


Asked on 9/11/16, 12:57 am

1 Answer from Attorneys

Denise Leydon Harvey Harvey Law Offices

If the property is in your father's name, he can do whatever he wants with it while he is alive. You have no present interest in the property now, only a contingent future interest. It is contingent upon your father owning it when he passes and his Will (assuming it has not changed during his lifetime) being allowed by the Probate Court. If the property is no longer in his estate once he has passed, it will be deemed to have "lapsed" and you will not get it. I suggest you speak with your father about your concerns. He may need to sell the property to provide for his care. Good luck -

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Answered on 9/12/16, 5:45 am


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