Legal Question in Real Estate Law in Massachusetts

My sister had my mom do a homestead (mom was not competent, she had been deemed incompetent in an acute care hospital several years before her passing, my sister had the doctor at the nursing home reverse the incompetency, although all documentation shows her as very confused), giving all land, and buildings to her (sister), leaving me with 1 piece of furniture. I did not pursue my sister in probate to contest it, because my sister informed me AFTER a period of time, that mom passed (I do not live in the immediate area). Now I find out my sister has Lupus, and is on dialysis. How do I go about receiving the property upon her passing? P.S. she is married, no children.


Asked on 5/19/13, 11:27 am

1 Answer from Attorneys

Your sister has to either gift it to you by deed now, or leave the property to you in her Will. Absent that you have to contact an attorney and seek to re-open the Probate and challenge the transfers based on undue influence and your mother's incompetence. This assumes you can over come some very tight statute of limitations.

You need to confirm what your sister still owns from your mother's estate. If she put it in both her husband's name and hers. If your brother-in-law is going to raise a problem with all this.

If your mother had died intestate, her estate would have been left half to you and half to your sister. It may be that a division like that would avoid any problems with your brother-in-law.

You can contact me if you have more questions.

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Answered on 5/19/13, 2:31 pm


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