Legal Question in Elder Law in Massachusetts

Re: Compensation for elder care

You are not necessarily legally entitled to compensation for taking care of your own family.

Whether your mother has a moral obligation to compensate you or whether the trust in some way provides for the compensation of her caretaker is unkown. Your post is a little unclear, but it seems as though your sister is seeking 45% of the proceeds from the sale of your mother's home.

You may want to take the trust document to be reviewed by an attorney. It is difficult to determine the rights of the parties under the trust without reading it.

Re: Compensation for elder care

First, you are not necessarily entitled to compensation for taking care of your mother.

However, the trust needs to be reviewed by an attorney to see the following:

1. if you or your sister are entitled to any distribution before your mother dies;

2. what the percentage of your sister's interest is if it is required to be distributed to anyone.

I sincerely doubt your sister is entitled to 45% depending upon your mother's age. The calculation of a life estate's value is based on a 110 year life expectancy by law. without knowing the age of your mother, it is difficult to give a figure of what her interest is, but I would doubt it is anything close to 45%. The income and the money in the trust can be used for taking care of your mother.

I suggest you contact an attorney and have the trust reviewed.

Re: Compensation for elder care

These questions can only be answered after reviewing the trust itself.

Please let me know if we can assist you. We have an office in Raynham.