Legal Question in Elder Law in Massachusetts

You cannot simply add your name to her deed. If she has the capacity to execute the deed, she should sign it herself. If she does not have the capacity and you are her attorney-in-fact under a durable power of attorney that gives you "self-dealing" authority, you may sign the deed in that capacity. If the property is transferred to you and your mother jointly before she passes, then the language in the Will becomes moot, as the property will pass to you by operation of law and will not be part of her probate estate. If she wants to do this (and, again, if she has the capacity to make such a decision), please have her discuss it with the other children so it will not be a surprise to them.

Please be aware that if you do transfer the property to yourself and your mother under a power of attorney your siblings can contest the transfer. I strongly suggest you have your mother see an attorney - alone - to discuss her wishes and make any changes to her estate plan that she wants to make.

I'm sure it is tempting to take unilateral action that you feel is in the best interest of your mother, but you should proceed with great caution. Whatever you do next will be scrutinized by your siblings and/or their attorneys in the event of her passing, and perhaps even sooner if her finances are scrutinized for medicaid purposes. As Attorney Harvey has said, if your mother has capacity, the best thing she can do is to meet with a lawyer alone and by herself to seek legal advice and make any changes in ownership that she might want to make. Your mother should speak to an attorney and she should also revise her estate plan to make it consistent with her plan to leave you the home, and perhaps make adjustments to the share of her estate that your siblings might inherit.