Legal Question in Real Estate Law in Massachusetts

Re: sale of family home

In order to determine your rights with respect to the home, you should obtain a copy of the deed to the home and possibly any estate planning documents of your deceased mother and make an appointment with an attorney.

But generally speaking: absent some agreement or specific language in your mother's will or a trust instrument, you likely do not have any interest in your father's home while he is alive. Assuming that he owns the home, he may transfer the home as he sees fit during his lifetime, and may make provisions in a will for its disposition upon his death.

Re: sale of family home

Unless the deed indicates ownership other than your father and absent some reason your father is not able to make any rational judgment about his own affairs, he can generally do whatever he wants with his property.

Having said this, your father should consult with an attorney who does elder care planning so that if he makes sure he is protected should he need medicaid services for something in the next five years.