Legal Question in Real Estate Law in Massachusetts
What are the legal defintions of ''trustee'' versus ''owner'' of a property
Hi~
My Mother is the trustee of a real estate property, and her brother is the owner. My Uncle (the owner) is telling different people he will be ''leaving'' the property in their name when he is deceased. My Mother is worried about this.
What are my Mother's legal rights to this property? What are my Uncles? My Grandmother (their mother) appointed them their titles.
My Mom has been telling us for years that the property (an old family property) will be left (at least in part) to myself and my brother. We thought we would be sharing this with my uncle. Does my Uncle have sole rights?
Also, my Uncle has a chronic health condition at a young age. In the event he is deceased, will my Mother have any legal rights to the property, or just who my Uncle leaves it to in his will?
Thanks for being patient with my questions,
C in MA
1 Answer from Attorneys
Re: What are the legal defintions of ''trustee'' versus ''owner'' of a property
When there is a trust, usually there is a document, sometimes titled "Declaration of Trust" or sometimes "Indenture of Trust," that spells out who are the beneficiaries and what are their rights, and who are the trustees, and what are their powers, if any, and obligations. If there is such a document, it may have been recorded at the appropriate Registry of Deeds. In any event, you should read the trust documents. Your mother, as trustee, should have a copy. If there are no trust documents, you and/or your mother should probably consult a lawyer. (Or, if there are trust documents and their meaning is unclear, you should consult a lawyer.) It may be necessary to ask a Probate Court to sort out the matter if there are questions as to the nature of your uncle's "ownership."
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