Legal Question in Real Estate Law in Massachusetts

Re: Elderly Real Estate Rights

It is difficult to answer the question without more facts. By agreement, does your elderly mother hold a "life estate". Sometimes when property is transferred from an older family memeber to another the "seller" will retain a life estate. By this, she is entitled to occupy the property until her death. Your son is also an owner but it is really a joint ownership situation until the holder of the life estate dies. At death, the entire title would be held by your son. It is possible to sell, however, you would need to have your mother transfer her life estate to the new owners or the new owner would take title subject to the life estate (this is highly unlikely). Is there any other document detailing the arrangement? If there is no life estate, then there may be some sort of landlord tenant relationship. Without knowing the status of the mother, it is not possible to list what type of action may be taken to solve the issue.

Re: Elderly Real Estate Rights

Without looking at the agreement between your Mother and your son, there is no way to give you any real guidance.

The issue is whether your mother has a life estate or if she is a tenant. Beyond that there is an issue as to who is responsible for what under the agreement.

I would suggest your son contact an attorney to review the agreement and make a recommendation as to how to proceed. Your son should also bring any letters or other communication between him, your mother and her attorney.

He could sell the property subject to the life estate, but the issue is what is the property worth to a third party. For instance if the property has a value of $250,000, then your son might be able to sell it depending upon what the monthly obligations are and her life expectancy. However, it might not be saleable.

Please feel free to contact me directly, if you have an additional question.